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Bombay High CourtAPEAL/376/2024disposed off

Ajay Anil Kininge v. The State Of Maharashtra And ANR

2024-04-10Hon'Ble Shri Justice Sandeep V. Marne3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 362 OF 2024 GIRISH SHRINIVAS KATKAR ..APPELLANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS WITH CRIMINAL APPEAL NO. 376 OF 2024 AJAY ANIL KININGE ..APPELLANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Dhananjay Rananaware for the Appellant in A/362/24 and Adv. Tanvii G. Tapkire for the Appellant in A/376/24. Ms. Megha S. Bajoria, APP for the State in A/362/24. Mr. Swapnil V. Walve, APP for the State in A/376/24. ------------ CORAM : M. S. KARNIK, J.

DATE : APRIL 10, 2024 P.C. :

1.

Heard learned counsel for the appellants and the learned APP for the State.

2.

By these appeals, the appellants pray for anticipatory bail for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code and Sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention 1/3

of Atrocities) Act, 1989 (for short "Atrocities Act"). 3.

According to the complainant who is the mother of the deceased, the appellant- Girish and the deceased were in a love relationship. They were staying together. The deceased was a college-going student. The appellant- Ajay is the friend of Girish. The deceased considered Ajay as her brother. It is alleged that Girish was in the habit of partying with his friends at home. Girish started harassing the deceased. It is the allegation that Ajay was supporting Girish. On 19/02/2024, the deceased called up the complainant and informed her that Girish did not want her to reside in the house and she should leave the house. Thereafter, on 20/02/2024, it was noticed that the victim committed suicide.

4.

Prima facie, there are hardly any accusations against the appellants with regard to the offence under the Atrocities Act. It is submitted that having regard to the nature of the accusations, it cannot be said that the appellants abetted the commission of suicide. The investigation is in progress.

2/3

5.

Issue notice to respondent No.2 in both the appeals, returnable on 02/05/2024.

6.

Learned APP to take instructions. In the meantime, the appellants need to be protected by an interim order. 7.

In the event of arrest, the appellants shall be released on bail on their furnishing P.R. Bond of Rs.10,000/- each with one or more sureties in the like amount. 8.

The appellants to report to the Investigating Officer on 15/04/2024, 16/04/2024 and 17/04/2024 between 11.00 a.m. and 1.00 p.m. and thereafter, as and when called. 9.

The appellants to cooperate with the investigation. (M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 10/04/2024 18:26:20