Sangita Bibhishan Kavitake v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION No. 1019 of 2018. Rohinibai @ Sonali Pandurang Rahi ..Applicant.
Vs State of Maharashtra ..Respondent.
WITH ANTICIPATORY BAIL APPLICATION No. 1020 of 2018. Sangita Bibhishan Kavitake ..Applicant.
Vs State of Maharashtra ..Respondent.
Mr. Ashish S. Sawant for the Applicants.
Mr. S.R. Agarkar, APP for the State.
Mr. V. U. Gholave, Asstt. Police Inspector, Police Station Karmala, present.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATE : 19TH SEPTEMBER, 2018 P.C:- 1) These applications are filed under Section 438 of Criminal Procedure Code by the aforesaid applicants apprehending their arrest in C.R.No. 355 of 2018 registered at Karmala Police Station, District Sholapur for offences punishable under sections 498-A, 306, 304 (B) read with section 34 of the Indian Penal Code.
2) Heard Mr. Sawant, learned counsel for the applicants and Mr. Agarkar, learned APP for the State. Perused the records and considered the submissions advanced by the learned
counsels for the respective parties.
3) The aforesaid crime was registered pursuant to the first information report lodged by Namdeo Baburao Kale, father of the deceased Maya. Said Maya was married to Vishal Bibhishan Kavitake on 24th June, 2012. The first informant alleged that his daughter committed suicide on 6th May, 2018 because she was subjected to harassment and ill treatment by her husband and his family members.
4) It is to be noted that Rohinibai, the applicant in ABA/1019/2018 is the married sister-in-law, whereas Sangita, the applicant in ABA/1020/2018 is the mother-in-law of the deceased Maya w/o Vishal Kavitake. The allegations against these applicants are general in nature. Furthermore, these applicants were granted interim bail and have complied with clause (ii) of order dated 19th June, 2018 and have thus cooperated with the investigation. The learned APP submits that the investigation is already completed and charge-sheet would be filed within fifteen days from today. It is, thus, clear that presence of the applicants is not required for the purpose of investigation of the present crime. There is no possibility of the applicants absconding or thwarting the course of justice and/or interfering with the witnesses.
5) Considering the above facts and circumstances, in
my considered view, this is a fit case for grant of pre-arrest bail. Hence, the following order :
(i) Applications are allowed.
(ii) In the event of arrest of the applicants in Crime No. 355 of 2018 registered with Karmala Police Station, District Sholapur they shall be enlarged on bail on their furnishing bail bonds of Rs. 20,000/- each with one or two solvent sureties each in the like amount to the satisfaction of the concerned Investigating Officer.
(iii) The applicants shall furnish their permanent and temporary addresses, if any, and their contact details to the Investigation Officer. (iv) The applicants shall not change their residential address without prior intimation to the Investigation Officer.
(v) The applicants shall not interfere with the complainant/first informant, other witnesses and shall not tamper with the evidence in any manner. 6) ABA/1019/2018 and ABA/1020/2018 stand disposed of in the aforesaid terms.
(SMT. ANUJA PRABHUDESSAI, J.) by Radhakishan Shivlal Ladda Date: 2018.09.24 12:12:53 +0530 Radhakishan Shivlal Ladda