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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 561 OF 2020
1. Balaji Chandrakant Bhat Joshi
2. Kalpana Balaji Bhat
3. Usha alias Vriddhi Balaji Bhat Joshi
4. Giriraj Balaji Bhat Joshi …Applicants
Versus
The State of Maharashtra …Respondent
…..
Mr. Girish Paryani i/b A G Legal Associates, for the Applicant.
Smt. Rutuja Ambekar, APP for the Respondent – State.
…..
CORAM : PRAKASH D. NAIK, J.
DATE : 16th MARCH, 2020
PC :
1. This is an application for anticipatory bail in C.R. No. I-67 of
2020 registered with Borivali Police Station, Mumbai for offences
punishable under Sections 498A, 354, 509, 323, 506(2), 504 r/w
Section 34 of Indian Penal Code.
2. The FIR was lodged on 17th February, 2020. The applicant No.2
is wife of applicant No.1. Both of them are father-in-law and mother-
in-law of the complainant. The applicant No.3 is daughter of
applicant No.1 2 and applicant No.4 is the son of applicant No.1
2 (husband of complainant).
3. The marriage between the complainant and applicant No.4
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was solemnized on 19th June, 2019. After the marriage, complainant
had joined matrimonial home. For a period of 15 days the relations
were cordial. Thereafter the applicant No.2 abused her and even
assaulted. The applicant No.3 also troubled her. The complainant
was repeatedly threatened. The applicant No.1 was addicted to
liquor. He was trying to close to the complainant. On 8 th February,
2020 he tried to disrobe her. He demanded sexual favours. He also
exhibited himself before the complainant. For not fulfilling the
demand of applicant No.1 complainant was confined in the place
behind bathroom. She was subjected to ill treatment. She was
assaulted. Her cellphone was snatched on petty quarrel. The accused
used to harass the complainant. She continuously ill treated. She
could not told her roiled the neighbour. She received a call from her
mother. She did not disclose incident to her but after hearing the
complainant her mother realized that all is not well with her. The
accused assaulted the complainant. She was confined in bathroom. 4
to 5 days thereafter, she was assaulted. The applicant No.1
threatened that she would be burnt by pouring kerosene. The
applicant No.3 was instigating. The applicant No.1 assaulted her
with wooden stick. He also poured kerosene. He closed the door of
the bathroom from inside. Thereafter, the applicant No.1 pulled her
close. The applicant No.4 threatened her. All of them assaulted her.
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Since the treatment meted out to her was unbearable, the
complainant left the house on 14 th February, 2020 without informing
the applicants. She managed to come down on the road and
telephoned her brother to pick her. Thereafter, she was picked up by
brother and taken to her parental home. She was treated for the
injuries.
4. Learned advocate for the applicant submitted that the
incidents narrated by the complainant are concocted. The allegations
are completely false. The allegations are made with a view to see
that the applicants are put behind bar. Marriage was solemnized in
June, 2019. However, except one incident which had allegedly
occurred on 8th February, 2020, the complainant has not disclosed the
date of incident which shows that the allegations are false. The
marriage of applicant No.3 is to be solemnized on 24 th May, 2020.
Invitation cards are printed. In the event of arrest of applicant, grave
prejudice would be caused to them. The applicant No.3 is sister of
the applicant No.4. She has been falsely dragged into this case. The
complainant was undergoing treatment on account of her irregular
menses. The treatment was given to her prior to the marriage which
was continued even after the marriage. The applicant No.4 used to
take complainant to doctor for treatment. This fact is suppressed by
the complainant in the FIR. The allegations made in the FIR are not
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corroborated by any evidence. The marriage has not been
consummated. The custodial interrogation of the applicants is not
necessary.
5. Learned APP vehemently opposed the application. It is
submitted that the offence is of serious nature. The complainant was
subjected to continuous harassment. She was assaulted repeatedly.
On 14th February, 2020 she managed to get out of the house and was
required to call her brother to pick her. Learned APP pointed out the
photographs and the injury certificate with regards to injuries
sustained by the complainant. It is submitted that the assault meted
out to the complainant is apparent from the photographs and the
injury report. The statements of the witnesses were recorded during
the course of investigation. The investigation is discloses the cruelty
meted out to the complainant. The act committed by applicant No.1
is of serious nature. The allegations made in the FIR cannot be
brushed aside. Learned APP also pointed out the certificate issued by
Shree Ganesh Hospital dated 25th February, 2020. The certificate
indicates nasal bone fracture and abrasion over the nose and behind
the ear. Thus, the relief under Section 438 of Cr.P.C. may not be
granted to the applicants.
6. I have perused the FIR and other documents annexed to the
application and the investigation papers produced by learned APP.
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The marriage was solemnized in June, 2019. According to
complainant she was subjected to harassment/ill treatment. She has
attributed serious overt act to applicant No.1. It is also alleged that
on 14th February, 2020 she was assaulted by the accused. Allegations
are also made out against other applicants. The FIR attributes
harassment meted out to her by the other accused. She was
assaulted. The incident which was occurred prior to her leaving
matrimonial home was mainly attributed to applicant No.1. It is also
stated that the applicant No.4 (husband) had also assaulted her.
However, primarily the role of causing cruelty, outraging modesty,
assault is attributed to applicant No.1 4. The applicant No.2 3
are ladies. The marriage of applicant No.3 is fixed and it is to be
solemnized on 24th May, 2020.
7. Considering the factual aspects of this matter relief can not be
granted to applicant No. 1 4. However, the application can be
allowed qua applicant No. 2 3.
8. Hence, I pass the following order :
ORDER
i) Anticipatory Bail Application No. 561 of 2020 as
far as applicant Nos. 2 3 is allowed;
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ii) Anticipatory Bail Application No. 561 of 2020 of
applicant Nos. 1 4 stands rejected.
iii) In the event of arrest of applicant Nos. 2 3
Kalpana Balaji Bhat Usha alias Vriddhi Balaji
Bhat Joshi in C..R. No. I-67 of 2020 registered
with Borivali Police Station, Mumbai, they may be
released on bail on furnishing P. R. Bond in the
sum of Rs.25000/-, each with one or more
sureties in the like amount;
iv) The Applicants No.2 3 shall report Investigating
Officer on 23rd 24th March, 2020 between 11.00
a.m. to 1.00 p.m.
v) The application of applicant Nos. 1 4 stands
rejected.
vi) Anticipatory Bail Application stands disposed of.
(PRAKASH D. NAIK, J.)
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