Mumbai, March 5, 2024 – Nagraj Ramdas Reddy, accused in a dowry death and domestic violence case, has been granted bail by the Sessions Court for Greater Bombay. Additional Sessions Judge Dr. Gauri Kawdikar (Court Room No. 41) issued the order on March 4, 2024.
Reddy was arrested in connection with C.R. No. 512/2023, registered at the Antop Hill Police Station. He faces charges under Sections 306 (abetment of suicide), 304-B (dowry death), 498-A (cruelty by husband or relatives), 506-II (criminal intimidation), 323 (voluntarily causing hurt), and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code1 (IPC).
Background and Arguments:
The case involves the suicide of Reddy’s wife, who he had married in December 2018. The defense, led by Advocate Siraj A. Khan, argued that the FIR was false and concocted. They stated that the couple had petty quarrels after four months of marriage and that the deceased committed suicide by hanging on December 20, 2023. Reddy was arrested on December 23, 2023, and has been in custody since then. The defense highlighted that the investigation was complete, the charge sheet was filed, and Reddy had no prior criminal record.
Additional Public Prosecutor (APP) Meera Choudhari-Bhosale opposed the bail, citing the seriousness of the offense and allegations of torture related to suspicions about the deceased’s character. The prosecution argued that Reddy could threaten witnesses and tamper with evidence if released.
Court’s Reasoning and Decision:
Judge Kawdikar reviewed the FIR and noted that the deceased had filed two Non-Cognizable (NC) complaints against Reddy for offenses under Sections 323 and 504 of the IPC. The medical report from February 6, 2023, indicated that the deceased had injuries from assaults with wooden objects, brooms, and utensils.
The court considered the defense’s reliance on Kumar @ Shiva Kumar vs. State of Karnataka, which emphasized the need for an active role of instigation to constitute abetment of suicide. However, the court also noted that the facts of the present case were different. While the complainant’s statements did not show direct goading, the NC complaints and medical report prima facie indicated physical and mental cruelty.
The court also discussed Pinakin Mahipatray Rawal vs. State of Gujarat, which defined “cruelty.” In this case, the court found that the NC complaints and medical report suggested that Reddy had subjected the deceased to cruelty.
Despite these observations, the court noted that the investigation was complete, the charge sheet was filed, and there was no direct allegation of instigation or abetment in the complainant’s statements. Given that Reddy had no prior criminal record and was a permanent resident of Mumbai, the court found it appropriate to grant bail with conditions.
Bail Conditions:
Reddy was granted bail upon furnishing a personal bond of Rs. 50,000 with one or more sureties of the same amount. The following conditions were imposed:
- He shall not tamper with prosecution witnesses and evidence.
- He shall attend the Antop Hill Police Station as and when required by the Investigating Officer and cooperate during the investigation.
- He shall not commit any offense in the future.
- He shall not leave India without permission of the Court.
- He shall furnish his permanent and temporary address, if any, and his contact details to the concerned police station.
- He shall not change his residential address without prior intimation to the Investigation Officer and to the concerned Court.
- Breach of any condition would entail cancellation of bail.
Order Details:
The order was issued on March 4, 2024, and the certified copy was uploaded on March 5, 2024, at 11:36 a.m.
This decision reflects the court’s consideration of the gravity of dowry death and domestic violence cases while balancing the accused’s right to bail when the investigation is complete and conditions can be imposed to ensure compliance with the legal process.