SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Balaji Chandrakant Bhat Joshi And … vs The State Of Maharashtra on 16 March, 2020

Sajakali Jamadar 1 of 6
3-ABA-561-2020.doc

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

::: Uploaded on – 18/03/2020 20/03/2020 01:49:55 :::
Sajakali Jamadar 2 of 6
3-ABA-561-2020.doc

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.

::: Uploaded on – 18/03/2020 20/03/2020 01:49:55 :::
Sajakali Jamadar 3 of 6
3-ABA-561-2020.doc

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

::: Uploaded on – 18/03/2020 20/03/2020 01:49:55 :::
Sajakali Jamadar 4 of 6
3-ABA-561-2020.doc

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.

::: Uploaded on – 18/03/2020 20/03/2020 01:49:55 :::
Sajakali Jamadar 5 of 6
3-ABA-561-2020.doc

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;

::: Uploaded on – 18/03/2020 20/03/2020 01:49:55 :::

Sajakali Jamadar 6 of 6
3-ABA-561-2020.doc

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.)

::: Uploaded on – 18/03/2020 20/03/2020 01:49:55 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation