Madhav Digambar Katte And Others v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4223 OF 2016 1.

Madhav Digambar Katte, Age : 60 years, Occupation : Business, R/o 16-278, N.D-31 Cha Bhag, Hudco, Nanded 2.

Jaidevi Madhav Katte, Age : 55 years, Occupation : Housewife, R/o 16-278, N.D-31 Cha Bhag, Hudco, Nanded 3.

Gajanan Madhav Katte, Age : 30 years, Occupation : Business, R/o House No.A-116, 133/2, Hudco Bus Stop, Hudco, New Nanded 4.

Savita Gajanan Katte, Age :26 years, Occupation : Housewife, R/o House No.A-116, 133/2, Hudco Bus Stop, Hudco, New Nanded ..APPLICANTS

VERSUS

The State of Maharashtra ..RESPONDENT Mr Joydeep Chatterji, Advocate for applicants; Mr S.J. Salgare, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 10th August, 2016 ORAL ORDER :

Heard.

2.

The applicants are seeking pre-arrest bail, in connection with C.R. No.232 of 2016, registered with Nanded Rural police station, Nanded, for offences punishable under sections 498-A, 304-B read with section 34 of the Indian Penal Code.

(2) 3.

On the basis of complaint lodged by Madhav, whose daughter Sangeeta was married to Shivprasad, who is already arrested in the above referred crime.

4.

Perused the investigation papers including that of the statements of landlady and mother of deceased Sangeeta.

5.

Apart from the fact that the marriage took place in 2010, the narration in the first information depicts that, a day before the incident Sangeeta was assaulted by the applicants. However, no injuries are noticed on her body.

6.

Applicants no.1 and 2, who are in-laws, are old aged persons. Applicants no.3 and 4 are brother-in-law of deceased Sangeeta and his wife.

7.

Upon perusal of the investigation papers, in my opinion, there is hardly any material to prima facie connect the applicants with the crime in question.

8.

In view thereof, the application needs to be allowed. Hence, following order :- In the event of arrest of the applicants, in connection with C.R. No. 232 of 2016, registered with Nanded Rural police station, Nanded, for offences punishable under sections 498-A, 304-B read with section 34 of the Indian Penal Code, they be released on bail, on each of them furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. The applicants shall attend the concerned police station initially on 20th and 21st August, 2016, between 10.00 a.m. and 12 noon and thereafter as and when called by the Investigating Officer.

(3) Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj