Cri.Bail Application No.442/2024
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MHCC020030012024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.442 OF 2024
IN
C.R.NO.512 OF 2023
Mr. Nagraj Ramdas Reddy
Aged 32 Years, Occupation: Driver,
Residing at C-139, Next to Shubh
Cloth Centre, Kokri Agar, Sion
Koliwada, Mumbai 400 037.
..Applicant/
Orig.Accused No.1
Vs.
The State of Maharashtra
At the instance of Sr. PI, Antop Hill
Police Station.

..Respondent
Appearances :Ld.Advocate Mr.Siraj A. Khan, for the Applicant/Orig.Accused
No.1.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the State/
Respondent.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO.41)
DATED : 04TH MARCH, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.512/2023 registered with Antop Hill Police Station for the
offence punishable under Sections 306, 304-B, 498-A, 506-II, 323 and
504 of the Indian Penal Code, 1860.

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02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that false and concocted FIR is filed against
accused. Deceased had performed love marriage with the accused in
December 2018. After the period of 4 months, there were petty
quarrels between them on domestic issues. It is alleged that the
deceased committed suicide by hanging on 20/12/2023. The FIR is
registered on 23/12/2023 and the accused was arrested on 23/12/2023.
Since then he is languishing in jail. Statement of witnesses under
section 161 of the Code of Criminal Procedure 1973 are recorded.
The entire investigation is complete and charge-sheet is filed. The
accused is 32 years old. There are no criminal antecedents against
him. He is permanent resident of Mumbai. He further submitted that
it will take lot of time for the trial to commence and conclude. The
accused is ready to abide by all terms and conditions imposed by the
Court. He has prayed for grant of bail to the accused.
04.

Per contra, Addl.P.P. submitted that the offence is
serious in nature. Statement of witnesses under section 161 of the
Code of Criminal Procedure 1973 are recorded. Charge-sheet is filed.
Deceased was married in December 2018 with the accused and it was
their love marriage. After the period of 4 months, on domestic issues
there was a quarrel between them. Accused has suspected on her
character and for that reason, he was torturing her. If the accused is
released on bail, there is possibility of threatening the complainant
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and witnesses, tampering with the evidence and hindering the
investigation. She has prayed for rejection of the bail application.
05.

Perused record. FIR mentions that the deceased and the
accused had love marriage in December 2018. After 4 months of the
marriage, they were quarreling on petty domestic issues.

On
20/08/2021 the deceased had lodged NC No.1372/2021 against her
husband i.e. the accused for offence punishable under sections 323,
504 of the Indian Penal Code, 1860.

On 06/02/2023 the deceased
had lodged NC No.211/2023 against her husband i.e. the accused for
offence punishable under sections 323, 504 of the Indian Penal Code,
1860. The medical report dated 06/02/2023 shows assault by wooden
object, broom, utensils on both hands and legs of the deceased by
her husband i.e. the accused. Registration of 2 NCs and the medical
report prima-facie shows that the accused was subjecting the
deceased to physical and mental cruelty.
06.

Ld. Advocate for the accused has relied on the case of
Kumar @ Shiva Kumar Vs. State Karnataka in Criminal Appeal
No.1427/2011 decided on 01/03/2024, wherein it was held that to
attract offence punishable under section 306 of the Indian Penal
Code, 1860, there must be active role played by an act of instigation
or by doing certain act to facilitate the commission of suicide. It was
observed in said case that to constitute ‘instigation’, a person who
instigates another has to provoke, incite, urge or encourage the
doing of an act by other by ‘goading’ or ‘urging forward’. In the
present case, prima-facie the statement of the complainant and
witnesses do not show any goading by the accused to the deceased.
As the facts of the two cases are similar, the above ratio is applied.

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07.

Ld. Advocate for the accused has further relied on the
case of Pinakin Mahipatray Rawal Vs. State of Gujarat reported in
2013(10) SCC 48, wherein it was observed that the meaning to the
word “cruelty” as is expressed by the legislatures: whereas
Explanation (a) involves three specific situations viz. (i) to drive the
woman to commit suicide or (ii) to cause grave injury or (iii) danger
to life, limb or health, both mental and physical, and thus, involving
a physical torture or atrocity, in Explanation (b) there is absence of
physical injury but the legislature thought it fit to include only
coercive harassment which obviously as the legislative intent express
is equally heinous to match the physical injury: whereas one is
patent, the other one is latent but equally serious in terms of the
provisions of the statute since the same would also embrace the
attributes of “cruelty” in terms of section 498-A. In the present case,
based upon the two NCs registered by the deceased against accused
and the medical report, it prima-facie appears that the accused was
subjecting the deceased to cruelty. As a facts of the two cases are
different, the above ratio is not applicable.
08.

At this stage, statement of witnesses under section 161 of
the Code of Criminal Procedure 1973 are recorded. The odhani by
which the deceased had hanged herself is seized and seizure
panchanama is drawn. The Postmortem report shows unnatural
death. Investigation is complete. Charge-sheet is filed. It is pertinent
to note that prima-facie there is no allegation of instigation or
gloating or abetment in the statement of the complainant or
witnesses. Thus, there is no propriety in keeping the accused behind
bars. There are no criminal antecedents attributed to the accused.

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The accused is permanent resident of Mumbai. Similarly, to avoid
future dispute, certain terms and condition can be imposed on the
accused. For the aforesaid reasoning, it is found fit to grant bail to
the accused by imposing certain terms and conditions. Hence, the
orderORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Nagraj Ramdas Reddy be released on bail in
Crime No.512 of 2023 registered with Antop Hill Police Station
for the offence punishable under Sections 306, 304-B, 498-A,
506-II, 323 and 504 of the Indian Penal Code, 1860 on executing
P.R. Bond of Rs.50,000/- with one or more surety/sureties in
like amount, on the following conditionsa) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Antop Hill Police Station as and when
required by the Investigating Officer and co-operate
during investigation.

c) He shall not commit any offence in future.
d) He shall not leave India without permission of the Court.
e) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

f) He shall not change his residential address without prior
intimation to the Investigation Officer and to the
concerned Court.

3.

Breach of any condition would entail cancellation of bail.

Date: 04/03/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
05/03/2024
11:36 A.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
04/03/2024
ORDER signed by P.O. on
04/03/2024
ORDER uploaded on
05/03/2024