Sadashiv Bandu Kore And ANR v. The State Of Maharashtra

1 /3 Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2535 OF 2018 shri. Sadashiv Bandu Kore and anr.

..Applicants vs.

The State of Maharashtra ..Respondent.

Mr. S.A. Rajeshirke for the Applicant.

Mrs. Rutuja Ambekar, APP for the Respondent­State. CORAM :A.S.GADKARI, J.

DATE : 11th December, 2018 P.C.

1.

The applicants are apprehending arrest in CR No.560 of 2018 dated 28.11.2018 registered with Islampur Police Station, District Sangli under Sections­305, 498A, 323 read with 34 of the Indian Penal Code and Section 23 of the Juvenile Justice Care and Protection Act,2000.

2.

Heard the learned counsel for the applicant and the learned APP. Perused the record of investigation. 3.

The first information report is lodged by Smt. Ashwini Kore. The prosecution case in brief is that, Smt. Ashwini Kore is legally wedded wife of Krishana Kore. Out of their wedlock two children namely Ms. Anjali aged about 12 years and Master

2 /3 Rugwed begotten. That, Krishana Kore was having extra marital affair with Mrs. Swapanali @ Madhuri S. Hegana and they were residing separately at Mantri Colony, Islmpur. The applicants are grand parents of Ms. Anjali i.e. they are mother and father of Krishana Kore. It is stated that Ms. Anjali was residing with Krishana Kore and Swapanali Hegana and the applicants are residing at Ashata Naka Islampur. It is alleged that, on 27.11.2018 before 8.30p.m. Krishan Kore and Mrs. Swapnali @ Madhuri abeted suicide of Ms. Anjali. Ms. Anjali poured kerosene on her person and ignited it herself. It is alleged that. the said two persons namely Krishana Kore and Smt. Swapnali @ Madhuri used to cause undue harassment to Ms. Anjali and subjected her to do the household work such as washing clothes, cleaning utensils, cleaning house and tiles and due to the said harassment Ms. Anjali committed suicide. 4.

The record of investigation carried out till date indicates that, the witnesses have not attributed any specific role to the applicants and general allegations are made against them, of not taking proper care of Ms. Anjali. The applicants are senior citizens and as per the record, it prima facie appears that, they have no role to play in the present crime.

3 /3 5.

In view thereof, the custodial interrogation of the applicants is not necessary for further investigation of the present crime and the applicants can be protected by pre­arrest bail.

6.

Hence, the following order,.

a) In the event of arrest in CR No. CR No.560 of 2018 dated 28.11.2018 registered with Islampur Police Station, District Sangli, the applicants shall be released on bail on their furnishing PR bond of Rs.10,000/­ each with one or more separate local sureties in the like amount.

b) The applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)