Sangita Sadashiv Tilekar And ORS v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.449 OF 2024
1. Smt.Sangita Sadashiv Tilekar
2. Shri.Sadhashiv Shamrao Tilekar
3. Smt.Jyoti Yogesh Jaykar .... Appellants V/s.
by NILAM SANTOSH KAMBLE Date: 2025.04.09 18:47:25 +0530 The State of Maharashtra And Anr.
.... Respondents ---- Mr.Hrishikesh Avhad a/w Mr.Shailesh Chavan, Mr.Shrikant Panhale, for the Applicant.
Ms.Sangeeta D. Shinde, APP, for Respondent-State. Mr.Ankur Pahade, for Respondent No.2.
NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.
DATE : 8th APRIL 2025 P.C:- .
The Special Court has rejected the Bail Application of the Appellant's.
2.
The Appellant's are apprehending arrest, in connection with investigation of Crime No.68 of 2024 registered with Satara Taluka Police Station, for the offence punishable under Sections 498A, 306, 504 and 506 read with Section 34 of the Indian Penal Code ('IPC' for short), under Sections 3(1)(r)(s) and 6 of N.S. Kamble page 1 of 4
the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('SCST Act' for short). 3.
It is prosecution's case that, sister of first informant had made inter caste marriage with Accused No.1. She belongs to Scheduled Caste. The Appellant's are the family members of the Accused No.1. It is alleged that, the Appellant's and Accused No.1 harassed the deceased on her caste and gave ill treatment to her. Due to said ill treatment she has committed suicide. 4.
It is contention of the learned counsel for the Appellant that, the Appellant's have been falsely implicated in this case. The Accused No.1 (husband of the deceased) has been released on regular bail. The allegations against the Appellant's are about ill treatment. Considering the allegation against the Appellant's their custodial interrogation is not required and requested to allow the Appeal.
5.
It is contention of the learned APP and learned counsel for Respondent No.2 that, Accused No.1 had married with deceased. He was aware about her caste. After marriage accused No.1 and Appellant's ill treated the deceased on her N.S. Kamble page 2 of 4
caste. They made her to starve. They continuously abused her on caste. Due to mental and physical harassment by the Accused No.1 and the Appellant's the deceased has committed suicide. Considering allegations against the Appellant's their custodial interrogation is required and requested to dismiss the Appeal. 6.
I have heard all learned counsel. Perused FIR and documents produced on record.
7.
In the FIR allegations against the Appellant's are that, they used to harass the deceased mentally and physically. It appears that, the main allegations are against Accused No.1. The Appellant's are the family members of Accused No.1. The Appellant No.1 and 2 are mother and father of Accused No.1. The Appellant No.3 is married sister of Accused No.1. If the Appellants have abetted the suicide of the deceased or not is part of trial. Considering the allegations about the Appellant's their custodial interrogation is not required and I pass following order.
ORDER
(i) The Appeal is allowed.
N.S. Kamble page 3 of 4
(ii) In the event of arrest, the Appellant No.1-Sangita Sadashiv Tilekar, Appellant No.2Shri.Sadhashiv Shamrao Tilekar and Appellant No.3-Jyoti Yogesh Jaykar be released on bail in Crime No.68 of 2024 registered with Satara Taluka Police Station, on executing a P.R. Bond in the sum of Rs.30,000/- each with one or two sureties each in the like amount.
(iii) The Appellant shall attend the concerned Police Station as and when required.
(iv) The Appellant shall not contact/influence or threaten or pressurize the complainant or otherwise tamper with the prosecution evidence/witnesses.
(v) All pending Applications are disposed of.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 4 of 4