Mangal Ananda Wakode v. State Of Maharashtra

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 899 OF 2022 Mangal Ananda Wakode ...Applicant

Versus

State of Maharashtra

...Respondent

SANTOSH SUBHASH KULKARNI Mr. Kuldeep Nikam, for the Applicant.

Mrs. M. R. Tidke, APP for the State.

Mr. Anil Deshmukh, PC, Phaltan Police Station, present. SANTOSH SUBHASH KULKARNI Date: 2022.07.13 10:55:17 +0530

CORAM:

N. J. JAMADAR, J.

DATED :

12th JULY, 2022 ORDER:- 1.

Heard the learned Counsel for the applicant and the learned APP for the State.

2.

This is an application for pre-arrest bail in connection with CR No.108/2022, registered with Phaltan City Police Station, District Satara, for the offences punishable under Sections 498A, 306, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860 ("the Penal Code").

3.

The applicant is the mother-in-law of Meenakshi, the deceased daughter of the first informant. Meenakshi died by suicide on 1st January, 2022. The first informant lodged report on 8th February, 2022, with the allegations that the applicant and her son Prithviraj, the husband of the deceased, subjected 1/3

the deceased to harassment in order to coerce her to meet unlawful demand of property and thereby abetted the suicide by the deceased.

4.

By an order dated 1st April, 2022, this Court was persuaded to grant interim protection.

5.

In the intervening period, the investigation seems to be complete and charge-sheet has been lodged before the jurisdictional Magistrate on 8th April, 2022. 6.

I have perused the allegations in the first information report. I have also perused the statements of the witnesses annexed to the report under Section 173 of the Code of Criminal Procedure, 1973 ("the Code"). In the backdrop of the nature of the accusation, custodial interrogation does not seem to be warranted though there are allegations of unlawful demand of property. The statement of the brother of the deceased indicates that the deceased and her husband were residing separately for few days prior to the alleged occurrence.

7.

In the circumstances, I am inclined to exercise the discretion in favour of the applicant.

8.

Hence, the following order:

: O R D E R :

(i) The application stands allowed.

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(ii) In the event of arrest of the applicant - Mangal Ananda Wakode in CR No.108/2022, registered with Phaltan City Police Station, District Satara, she be released on bail on furnishing a P. R. Bond in the sum of Rs.25,000/-, with one or two sureties in the like amount. (iii) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses.

(iv) The applicant shall cooperate with the investigation and report to the Investigating Officer as and when directed.

(v) The applicant shall regularly attend the proceedings before the jurisdictional Court.

[N. J. JAMADAR, J.] 3/3