← Library
Bombay High CourtABA/27/2020anticipatory bail granted

Shrikant Shivaji Patil v. The State Of Maharashtra

2020-01-16Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 925-aba-27-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.27 OF 2020 Shrikant Shivaji Patil .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Rahul S. Kate, Advocate for the Applicant. Mrs.Veera Shinde, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 16, 2020.

P.C. :

The applicant is apprehending arrest in connection with C.R.No.880 of 2019, registered with Karad City Police Station, Satara, for the ofences punishable under Sections 306 and 498-A and 323 of Indian Penal Code ("IPC", for short). The complaint was lodged by mother of victim. First Information Report ("FIR", for short) was lodged on 27th November, 2019. The marriage between the victim and the applicant was solemnized on 26th February, 2019. It was a love marriage. The victim was educated. She was a lecturer in Management College. On 22nd September, 2019, she went to her

rpa 2/3 925-aba-27-2020.doc parents and disclosed that the accused is harassing her and demanding money. On 29th October, 2019, victim called the complainant and informed them about the harassment. She committed suicide on 29th October, 2019.

Initially ADR inquiry was conducted by the police after death of the victim was reported to them. During the ADR enquiry, statements of the parents of the deceased as well as her relatives were recorded. In the said statements, it is mentioned that on account of depression, the victim had committed suicide. He stated that the victim was depressed, as she was not getting job. The said fact is refected in the statement of the complainant, which was recorded on 30th October, 2019, as well as other witnesses. However, the FIR was lodged after the period of about 28 days on 27th November, 2019. Thus, it is apparent that initially the parents of the victim had not registered any complaint against the complainant. They did not suspect the involvement of the applicant in abetting the suicide.

Learned APP placed on record the investigation papers including statements recorded during the ADR inquiry. In the light of the aforesaid circumstances, custodial

rpa 3/3 925-aba-27-2020.doc interrogation of the applicant is not necessary and case for grant of Anticipatory bail is made out.

Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.27 of 2020, is allowed;

(ii) In the event of arrest of Applicant in connection with C.R.No.880 of 2019, registered with Karad City Police Station, Satara, he be released on bail on his executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) Applicant shall attend the investigating oficer on 21st to 23rd January, 2020, between 11:00 a.m. to 01:00 p.m., and, thereafter, as and when called for, till the fling of the charge-sheet; (iv) Anticipatory Bail Application stands disposed of. (PRAKASH D. NAIK, J.)