Yash @ Bhau Sahadu Kedari v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3472 OF 2019 Digitally signed by Nisha S.
Chitnis Date:
2021.01.22 11:21:42 +0530 Nisha S.
Chitnis Yash @ Bhau Sahadu Kedari ...Applicant
Versus
State of Maharashtra
...Respondent
Mr. Vikas Shivarkar for the Applicant Mr. S.V.Gavand, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.
THURSDAY, 21 ST JANUARY 2021 P.C. :
Heard learned counsel for the applicant and the learned A.P.P for the State.
By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 96 of 2018 registered with the Kamshet Police Station (Pune Rural), Pune, for the alleged offences punishable under Sections 302, 498A r/w 34 of the Indian Penal Code. Perused the papers. According to the prosecution, the incident took place on 06/07/2018 in the morning at around 9.15 a.m. It is alleged by the prosecution, that there was a quarrel between the applicant and his 1/3
wife Manisha (deceased), and in the said quarrel, the applicant assaulted Manisha brutally with a sickle. It is the prosecution case that the applicant and his parents would ill-treat and assault Manisha as she was unable to conceive and as she was not doing household chores properly. As far as, the incident dated 06/07/2018 is concerned, witness - Hiraman Kedari, a neighbour of the applicant, has stated that he heard a quarrel between the applicant and Manisha at 9.15 a.m., however as the quarrel was a regular feature between the applicant and Manisha, he did not pay much attention to the same. He has further stated that within a few minutes thereafter, the applicant came towards his house, that he was sweating and appeared to be scared and in a hurry went towards Kamshet village.
He has further stated that after looking at the applicant, he suspected something fishy, pursuant to which, he and his wife went towards the applicant's house and found that Manisha had sustained several injuries on her person and was dead. Pursuant thereto, Hiraman Kedari informed the Police Patil, who in turn, informed Manisha's brother about the same. The Post Mortem report shows that Manisha had sustained 15 chopped wounds on her person i.e. on her face, scalp, wrist and forearms. Blood stained sickle was also found on the spot. There are statements of witnesses who have disclosed about the ill-treatment and harassment meted out by the applicant to Manisha.
Considering the material on record, which prima facie points to the complicity of the applicant on bail. Accordingly, the application is rejected.
The Learned Trial Judge to conduct the case on its own merits uninfluenced by the observations made in this order. All concerned to act on the authenticated copy of this order REVATI MOHITE DERE, J.
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