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Bombay High CourtABA/471/2025allowed

Ratnamala W/O Ramesh Kamadi v. The State Of Maharashtra, Thr. Pso, Midc Butibori, Ps, Nagpur

2025-07-17Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:7182

(1) 919.,aba.471.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.471 OF 2025 Ratnamala w/o Ramesh Kamadi Vs.

State of Maharashtra, through Police Station Officer, MIDC Butibori Police Station, Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. P. Sonwane, Counsel for the applicant. Ms. M. A. Barabde, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/07/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.279/2025 registered with Police Station M.I.D.C., Butibori, District Nagpur for the offences punishable under Sections 108, 3(5), 80 and 85 of the Bharatiya Nyaya Sanhita, 2023 and Section 3 of the Dowry Prohibition Act, 1961, the applicant approached this Court for grant of anticipatory bail.

2.

Learned Counsel for the applicant submitted that the applicant is the mother-in-law of the deceased and allegation against her is that after the marriage deceased was subjected for the physical and mental harassment by the present applicant due to which she has committed suicide.

(2) 919.,aba.471.2025 3.

Learned Counsel for the applicant submitted that the nature of the allegation is general in nature. There is no specific allegation as far as the present applicant is concerned. Merely because the deceased has committed suicide she is implicated in the alleged offence. As far as her custodial interrogation is concerned, which is not required. In view of that, she be protected by granting anticipatory bail.

4.

Learned APP strongly opposed the application and submitted that the statements of the witnesses discloses that she was harassed and ill-treated by the present applicant and her husband for dowry amount. In view of that, the custodial interrogation is required.

5.

On hearing both sides and on perusal of the recitals of the FIR, it reveals that the general allegations of hear and tear in nature are levelled against the present applicant. As far as abetment is concerned, there is no specific act narrated that in what manner she was subjected for the abetment to the deceased to commit suicide. Moreover, the custodial interrogation of the applicant is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:

ORDER

(i) The application is allowed.

(3) 919.,aba.471.2025 (ii) The interim protection granted to the present applicant by order dated 02.07.2025 is hereby confirmed on the condition that the applicant shall attend the concerned police station as and when required for the investigation purpose on issuance of notice of seven days in advance.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate