CRI. BA 1648/2022
1
ORDER
MHCC020089562022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1648 OF 2022
( CNR NO.:MHCC020089562022 )
Krishna Kalyan Gaikwad
Age : 28 years, Occ.: Business.
Address Building No. 696B,
Parsi Pachayat, Opp. D.P.Y.School,
Parsi Colony, Wadala Market,
Dadar T. T., Dadar (E),
Mumbai – 400 014.
V/s.
The State of Maharashtra,
(At the instance of Matunga
Police Station vide C.R.No.561 of 2021)
…Applicant/Accused
…Respondent/State.
Appearance:
Shri. Paresh Thakar, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Ld. Addl. P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 20.08.2022.
ORDER
1.
Vide present application u/s. 439 of Criminal Procedure
Code, the applicant requested to grant bail in his favour in Crime No.
561 of 2021 registered at Matunga Police Station, for the offences
CRI. BA 1648/2022
2
ORDER
punishable under sections 304, 201, 182, 120 – B, 465, 467, 471, 495,
504 and 506 of Indian Penal Code.
2.
Aforesaid crime emerged from the report dated 15.12.2021
lodged by Natasha Sethna alleging therein that she is only daughter to
her parents. After her marriage, she is residing with her husband. In the
year 2016, after demise of her mother, her father was residing lonely in
the house. Her father employed the Accused No. 1 as his caretaker.
Since then Accused No. 1 is residing in the house as Caretaker. It is
alleged that when informant made a call to her father, Accused No. 1
creates hurdle and did not permit her father to speak with her. It so
happened that on 08.10.2020, she received information from her
relatives that her father is serious. When she made phone call to her
family doctor, he informed that her father is no more. When she went at
cremation ground, she noticed contusion and bruises on head of her
father. When she reasoned Accused No. 1, she did not answer. Later on,
she learned some foulplay. On digging deep, it came fore that Accused
No. 1 is responsible for death of her father and she prepared false Death
Certificate showing natural death of her father. It also came fore that
the Accused No. 1 managed to convert her status as a caretaker into
legally wedded wife of deceased and grabbed the property of deceased.
On the basis of above mentioned information, the aforesaid crime is
registered.
3.
Ld. Advocate for the applicant argued that the applicant is
innocent and falsely framed in the present case. He argued that cause of
death of the deceased is natural death and he was brought dead in
hospital. No autopsy was conducted on the deceased. He has argued
that the Accused No. 1 and informant’s father had entered into marital
CRI. BA 1648/2022
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ORDER
knot and thus, Accused No. 1 is legally wedded wife of the
complainant’s father. He argued that during the life time of the father of
the complainant, he has devolved his property to the Accused No. 1
being his legally wedded wife. When Accused No. 1 filed a civil suit for
declaration and injunction against the complainant, she has filed the
present FIR as a counter blast to the suit. He further argued that
applicant was arrested on 10.01.2022 and his further detention is
unwarranted. Hence, he prayed to release applicant/accused on bail.
4.
Ld. Addl. P.P. and I.O. filed their Say at Exh – 2 and
resisted the bail application. It is submitted that there is primafacie
case against the applicant who has withheld cause of death of the
deceased by giving misinformation to the informant.
5.
The applicant obtained death certificate of the deceased
without revealing the real cause of death due to that postMortem was
not conducted. It is prayed to reject the bail application.
6.
reveals
Heard both the sides. Perused police papers on record. It
that
after
investigation,
chargesheet
is
filed
against
applicant/accused. After going through the papers on record, it reveals
that at the time of death of the deceased Accused No. 1 was residing
with the deceased as his wife. Documents on record also shows that
their marriage was registered. After death of the deceased, the applicant
sued the complainant for civil remedies. The say filed by the I.O. did not
indicate
any
specific
reason,
for
further
detention
of
the
applicant/accused. Considering the nature of allegation and the fact
that chargesheet has been filed against the applicant/accused, I am of
view that his further detention is unwarranted. Considering the
CRI. BA 1648/2022
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ORDER
aforesaid reasons, I am of view that application deserves to be allowed
but on certain conditions.
:ORDER:
1.
The Criminal Bail Application No. 1648 of 2022 is allowed as
under.
2.
The applicant accused namely Krishna Kalyan Gaikwad be
released on bail on executing personal bond of Rs. 15,000/ and one or
two solvent sureties of the same amount in Crime No. 561 of 2021
registered at Matunga Police Station.
3.
Cash security of Rs.15,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
5.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
6.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
7.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
8.
The accused shall not make any inducement or threat to any
person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with
CRI. BA 1648/2022
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ORDER
the evidence.
9.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
10.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
11.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
12.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date:
2022.08.22
15:50:45 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 20.08.2022
: 22.08.2022
: 22.08.2022
CRI. BA 1648/2022
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22/08/2022,
3.50 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court,
Date of pronouncement of /Order
20.08.2022
Order signed by P.O. on
22.08.2022
Order uploaded on
22.08.2022