IN THE COURT OF SESSIONS AT GREATER BOMBAY ANTICIPATORY BAIL APPLICATION NO. 2783 OF 2022
(CNR NO. MHCC020170532022)
1.Mr. Dattatraya Sakharam Vanare)
2.Mrs. Babita @ Babubai Vanare)
3.Mrs. Vaishali Maheshkumar Ghode Patil )
4.Roopali Kiran Patil ) … Applicants
Versus
The State of Maharashtra ) (Through Dharavi Police Station ) … Respondent
Ld. Adv. Vaibhav Gaikwad with Abhijit Patil for the Applicants.
Ld. APP. Geeta Sharma for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS JUDGE SMT. A. B. SHARMA (C.R. NO. 39) DATED : 24.01.2023. ORDER
The Applicants have moved this application under Section 438 of Criminal Procedure Code for grant of prearrest bail in Crime No. 1308 of 2022 for the offences punishable under Sections 498(A), 504, 506 r/w Section 34 of IPC registered at Dharavi Police Station, Mumbai.
2.Read application and Say (Exh. 2) of investigating officer filed through learned Additional Public Prosecutor. Perused the case diary and documents annexed with the application.
3.Heard Learned Advocate for the applicants, learned Additional Public Prosecutor and the informant.
4.The applicant No. 1 is husband, the applicant No. 2 is motherinlaw and 3 and 4 are the sistersinlaw of the informant. After marriage, she came to her matrimonial home for cohabitation. The applicant Nos. 1 and 2 picked up quarrel on the count of Saree and blouse piece when the informant went to her parental house as per custom. It is further alleged that when on 08.02.2021, she was called by her neighbour for Tea, the applicant No. 1 picked up quarrel on the count that she did not wear all her ornaments while going to the house of neighbour. During that period she conceived and for the treatment they shifted to Pune. On that day at about 11.00 pm, the applicant No. 1 picked up quarrel with the informant and informed about it to the applicant No. 2 on phone call. On 13.02.2021, the applicant No. 2 and 4 made phone call to the informant and asked her about the quarrel which had been taken place at last night and also asked her why she is picking up quarrel repeatedly with the applicant No. 1. In March2021, the pregnancy of the informant was terminated due to non developing of her fetus and she was advised to take rest for two months. But, it is alleged that the applicant No. 1 did not take any care of the informant during that period. On 12.04.2021, the applicant No. 1 returned to his native place and the informant alone stayed at Pune and he informed the informant that on next day he will return. On 13.04.2021, when the informant made phone call to the applicant No. 1 and asked that she is alone and when the applicant No. 1 will return, he picked up quarrel on phone by saying that he is having responsibility of his mother and sisters also and after fulfilling their needs, he will return to Pune. In April2021, the informant made phone call to the applicant No. 1 and asked him that they have not purchased any room at Pune, then also the applicant No. 2 is telling to all persons that they have purchased the room at Pune and she also asked him that why the applicant No. 2 is telling lie and on this count, the applicant No. 1 picked up quarrel with the informant on phone. Thereafter, he made phone call to the mother of the informant and asked her to give understanding to the informant.
On 28.08.2022, the informant asked the applicant No. 1 that he is not behaving properly with her mother and on this count he slapped her. In September2021, when she was at her matrimonial home and talking with her mother on cell phone, the applicant No. 3 and the applicant No. 1 called the informant inside the house and the applicant No. 3 told her that she has to live as per the wish of the applicant No. 1 and there is no necessity to go to Pune and to stay at the native place only. It is further alleged that the applicant No. 1 has thrown the cell phone of the informant and broken it. They have abused and insulted her. It is further alleged that she does not tolerate the misbehaviour of the applicants and therefore, she made phone call to her relative and asked him to take her to her parental house. On that day, the relative of the informant came at the native place at her matrimonial home and took her to parental house. Thereafter, one meeting was held between both the parties and the matter was compromised and again the informant went to matrimonial home for cohabitation. During that period for getting the job, the informant was required to come to Mumbai and on 19.10.2021, she came to Mumbai for collecting some important documents. On 12.12.2021, she informed the applicant No. 1 that she has collected all the relevant documents and asked him to fetch her back to the matrimonial home, at that time, the applicant No. 1 informed her that when she will return to matrimonial home, he will talk on that subject. Thereafter, nobody was came to fetch her back, so, she was residing with her parents. Therefore, she lodged report against the applicants by going to the police station.
5.It is seen that the offence is arising out of the matrimonial dispute. It is further seen that the material investigation in respect of the applicants is almost completed. The offence is not punishable with death or imprisonment for life. It is further seen that the Notices were exchanged between both the parties. As the offence is non bailable, the applicants have reasonable apprehension of their arrest at the hands of police. Considering the nature of offence, I do not find that the custodial interrogation of applicants is required. Therefore, I am of the view that the applicants have made out their case for grant of prearrest bail. Hence, I proceed to pass following order :
OPERATIVE ORDER
1.The Anticipatory Bail Application No. 2783 of 2022 is hereby allowed.
2.The adinterim protection already granted to the applicants on 22/12/2022 is hereby made absolute on the following modified conditions :
a.The applicants shall not leave India without prior permission of the Court.
b.The applicants shall submit the proof of their residential address, phone number, Aadhar Card and Election Card, if any.
c.The applicants are directed to cooperate during course of investigation within 3 days from the date of this order and also to attend the police station as and when called by the Investigating officer.
d.The applicants are further directed not to tamper with the prosecution witnesses in any manner.
3.The Anticipatory Bail Application stands disposed off.
Digitally signed Anita by Anita Bajranglal Bajranglal Sharma Sharma Date: 2023.02.18 11:18:27 +0530 (A. B. SHARMA) Additional Sessions Judge City Civil & Sessions Court Date : 24.01.2023. Greater Bombay. Dictation Typed on 24.01.2023. Checked & Signed on : 17.02.2023. ABA 27832022 : 6 : “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 18.02.2023 at 11.25 am (Y.M. SAKHARKAR) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court SMT. A. B. SHARMA room no.) (C.R. NO. 39) Date of Pronouncement of 24.01.2023 JUDGMENT/ ORDER JUDGMENT/ORDER signed by P.O. 17.02.2023 on JUDGMENT/ORDER uploaded on 18.02.2023