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Bombay High CourtBA/869/2021allowed

Kavita Wd/O Dinkar Bawaskar v. State Of Maharashtra, Thr. Police Station Officer, Police Station Khadan, Akola, Dist. Akola

2021-09-07Hon'Ble Shri Justice Rohit Baban Deo3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.869 OF 2021 (Smt. Kavita wd/o Dinkar Bawaskar Vs. State of Maharashtra thr. PSO PS Khadan, Akola, Tah. & Dist. Akola) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. S. V. Sirpurkar, Advocate for Applicant.

Mrs. K. R. Deshpande, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 7 th SEPTEMBER, 2021.

The applicant is seeking bail in connection with Crime 202/2021 registered with Police Station Khadan, Akola, District Akola for offence punishable under section 302 of the Indian Penal Code.

2.

The accusation is that the applicant is responsible for the homicidal death of her mother.

3.

The incident occurred on 10.03.2021 and the report is lodged by the applicant herself. The substratum of the report is that at 04:30 p.m. on 10.03.2021 there was an altercation between the applicant and her mother. The verbal altercation turned physical and the mother of the applicant fell on the stone used for washing clothes which was kept in the kitchen and the applicant fell on her person. The version of the applicant is that since her mother was not

ready to let her go, she banged her head on the stone and when the mother fell unconscious she called for help and ambulance.

4.

The prosecution case is that a similar narrative is disclosed by the applicant to witness Ajay who she summoned at her house.

5.

The investigation is complete and the charge-sheet is filed.

6.

The applicant is not a flight risk. It would not be necessary to make any observation on the narrative of the applicant. Suffice it to state, that the applicant is a woman and considering the factual matrix, she can be released on bail.

7.

This application is allowed subject to the following conditions:

(i) The applicant shall execute the personal bond of Rs.16,000/- with one solvent surety of like amount.

(ii) The applicant shall not indulge in any criminal activity while on bail.

(iii) The applicant shall not make any attempt to

influence the witnesses, directly or indirectly. (iv)The applicant shall not leave the country without the permission of the jurisdictional Court.

JUDGE NSN