Lata Ratnakar Ughade And ANR v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1119 OF 2015 Lata Ratnakar Ughade & Anr.
...Applicants
Versus
The State of Maharashtra
...Respondent
Mr. Jaydeep D. Mane for the Applicants Mr. S. S. Pednekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.
WEDNESDAY, 26TH AUGUST, 2015 P.C. :
1.
Heard learned Counsel for the applicants and the learned A.P.P. 2.
By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 216 of 2015 registered with the Sardar Bazar Police Station, Solapur for the alleged offences punishable under Sections 498A, 306 r/w 34 of the Indian Penal Code, 1870. 3.
The applicant No. 1 is the mother-in-law of the deceased and applicant No. 2 is the brother-in-law of the deceased. The complainant Bhimashankar Bansode is the father of the deceased. He has alleged in the 1/5
complaint dated 1st June, 2015 that his daughter Priti got married to Balasaheb Ughde on 23rd March, 2014 and that after marriage, she went to reside in her matrimonial home consisting of her husband and the applicants. He has stated that after 7 to 8 days of the marriage, his daughter Priti and her husband both came and resided with them for a period of one month. It is alleged that Balasaheb, husband of Priti demanded a gold ring and a locket, and that he had given a gold ring to Balasaheb. Thereafter, after a period of one month, Priti again went back to her matrimonial home.
It is alleged that Priti would come intermittently to her parents' house and would disclose that her husband Balasaheb and the present applicants were asking her to bring money for purchase of a motorcycle and that if she did not bring the money, she would not be allowed to stay with them. It is alleged that the applicants and her husband would abuse and assault Priti on account of the same. It is further alleged that in 2014, during Diwali, Priti's husband Balasaheb asked the complainant to give money for building a separate house where both Balasaheb and Priti would reside. It is alleged that he took a loan from Janata Bank and gave Balasaheb a sum of Rs. 11⁄2 lakh for construction of a house.
reside there with his daughter. It is alleged that thereafter again the applicants and Priti's husband were asking Priti to bring money from her parents. In January, 2015, it is alleged that Balasaheb and the present applicants asked Priti to leave home and asked her not to return, if she did not come back with the money. Pursuant to which, Priti is stated to have gone to her parents' home. Thereafter, a complaint was lodged by Priti on 1st May, 2015 with the Mahila Samasya Kendra. On 28th May, 2015, Priti is alleged to have committed suicide by consuming pills which were prescribed for her mother's mental illness. It is alleged that a suicide note was found in which she had written the following : "iIik] eEeh] ek÷;keqGs rqEgkyk [kqi =kl >kyk vkgs] eyk ekQ djk] ek>s ek?kkjh tj >kys rj R;k fr?kkauk lklw] nhj] uojk] ;kauk f'k{kk djk] eyk ekQ djk-"
4.
Learned Counsel for the applicants submitted that the deceased Priti had gone to reside with her parents; that she was residing with her parents from January, 2015 till she committed suicide on 28th May, 2015. According to him, the allegations as against the applicants are general in nature and as such the applicants cannot be held liable for the suicide of the deceased, as there is no nexus between the two. 3/5
5.
Perused the FIR and the suicide note. It appears prima facie that the allegations of demand are essentially as against Balasaheb, the husband of Priti. The allegations as against the present applicants are general in nature. It also appears that five months prior to the incident, deceased was staying at her parents' place where she committed suicide. 6.
Considering the nature of allegations, the applicants are granted pre-arrest bail on the following terms and conditions :
ORDER
(i) In the event of the arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount ;
(ii) The applicants shall attend the concerned Police Station as and when called for;
(iii) The applicants shall cooperate with the investigating agency and shall not tamper or attempt to 4/5
influence the witnesses or any person concerned with the case.
7.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
8.
It is made clear that the observations made herein are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
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