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Cri.B.A.No.958/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 958/2022
Tarun Vasudeo Karda
..

Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Mumbai Naka Police Station, Nashik.
(Cr. No.I 205/2022)
..

Prosecution
Order below Exh.1.

1.

The
applicants/accused Tarun Vasudeo Karda
claims bail in C.R. No. I­205/2022 for the offences punishable
under Section 306, 498­A of the Indian Penal Code registered
with Mumbai Naka Police Station.
2.

Heard Learned Advocate Shri R.J.Kasliwal, for the
applicant, learned A.P.P. Smt. Jadhav for the State and learned
Advocate Shri Sonawane for informant. Perused the papers of
investigation and say filed by informant at Exh.9 with one
photograph, allegedly of the deceased.
3.

It is the case of the prosecution that the applicant has
harassed the deceased wife for an unlawful demand and also on
account of extra marital affair to such an extent that she was left
with no other option but to commit suicide and accordingly,
accused abated the commission of suicide by the deceased.
4.

Learned Advocate for the applicant submitted that the
applicant and the deceased enjoyed their married life since 2010. They
have two children. Financial condition of the applicant is well to do.

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He is in construction business.

Cri.B.A.No.958/22­Order­Ex.1.

He never demanded money from the
informant. Deceased has executed release­deed in respect of property
in favour of informant in the year 2017.

During the long span of
marital life, neither deceased nor informant lodged any single
complaint against the accused.

On the contrary, applicant­accused
has produced recent photographs which reflects that deceased and the
applicant were cohabiting happily with their children.

Vague
allegations are made in the complaint without there being any
specifications.

In respect of extra marital affair, there is no any
specifications as such.

Further, it is the contention of learned
Advocate for applicant that there is absolutely no prima facie evidence
on record as to involvement of the applicant with the alleged offence.
He came to be arrested on 30.07.2022.

There is no any recovery or
discovery as such remains from the applicant.

Therefore, he be
released on bail.
5.

Per contra, learned APP resisted the application on the
ground that the offence is serious in nature.

Investigation is not yet
complete. If the applicant would be released on bail, he would tamper
with the prosecution evidence.

Learned Advocate for the informant
also contended that the accused being rich person, influenced the
investigating agency. Investigation in respect of CDR & SDR etc. and
extra marital affair of the applicant are to be done.

Overall,
intervenor has objected the investigation carried out by the
investigating officer and requested to reject the bail application filed
by the applicant.
6.

On perusal of record, it reflects that the report is lodged by
the brother of deceased. He has contended that one plot was given to
the applicant for development. Applicant has produced copies of the
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Cri.B.A.No.958/22­Order­Ex.1.

documents to show that the said plot was purchased by him for
substantial consideration.

Learned Advocate for the applicant has
pointed out that the residential flat as well as some substantial
property are standing in the name of deceased, purchased by the
applicant. Photographs produced by the applicant reflects the date 7th
July, 27th July, 28th February etc.

Those are recent photographs
wherein prima facie, happy couple with their children is seen. On the
contrary photograph which is produced on record by the informant is
not the complete one. It cannot be identified that it is of deceased and
whether there were marks of injuries. There are contentions in the
report that the deceased committed suicide by hanging herself in her
bed­room when no­one was there in the house.

Thus, prima facie
there is no any proximate link to connect the applicant with the death
of deceased.

Moreover, learned Advocate for the applicant relied on
the following authority i.e. K.V.Prakash Babu Vs. State of Karnataka,
Cri. Appeal No.1138­1139 of 2016 decided by Hon’ble Supreme Court
on 22.11.2016. Wherein, it is observed by the Hon’ble Supreme Court
that,
“The Court ruled that in the facts of the said case the
alleged extra­marital relationship was not of such a nature as to
drive the wife to commit suicide.
To constitute an offence under Section 306, the prosecution
has to establish that a person has committed suicide and the
suicide was abetted by the accused. The Prosecution has to
establish beyond reasonable doubt that the deceased committed
suicide and the accused abetted the commission of suicide. But
for the alleged extra­marital relationship, which if proved, could
be illegal and immoral, nothing has been brought out by the
prosecution to show that the accused had provoked, incited or
induced the wife to commit suicide”.
7.

Howsoever it may be, record reflects that the applicant
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was arrested on 30.07.2022.

Cri.B.A.No.958/22­Order­Ex.1.

Now, there is no any recovery or
discovery as such remains from the applicant. Recovery of CDR &
SDR is not depend on physical custody of the applicant­accused.

The
say filed by the investigating officer does not contain any substantial
ground to reject the application.

According to ld. Advocate for the
applicant, the applicant has no criminal antecedents. He is local
resident and is ready to abide any conditions on grant of bail.
Considering all these aspects, this Court is of the view that applicant
can be released on bail by imposing certain conditions. Hence the
order.
:: O R D E R ::
1]
The application is allowed.

2]
Applicants­Accused Tarun Vasudeo Karda
arrested in C.R. No. I­205/2022 for the offences
punishable under Sections 306, 498­A of the
I.P.C. registered with Mumbai Naka Police
Station, Nashik be released on bail in the sum of
Rs.15,000/­(Rupees Fifteen Thousand only) with
a surety in the like amount subject to following
conditions :­
a] That he shall not tamper with the prosecution
evidence in any manner.
b] Applicant is directed to furnish his permanent
address proof, mobile number.
Inform trial Court accordingly.
ADITEE
UDAY
KADAM
Nashik.
Date : 10.08.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.12
11:07:20 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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Cri.B.A.No.958/22­Order­Ex.1.