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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2396 OF 2019
Kedu Kashinath Gangurde …. Applicant
Versus
The State of Maharashtra …. Respondent
—–
Mr. Sumant Deshpande, Advocate for the Applicant.
Smt. A. A. Takalkar, APP for the State/Respondent.
Mr. G. R. Rathod, PSI, Chandwad police station, present.
—–
CORAM :SARANG V. KOTWAL, J.
DATE :26th SEPTEMBER, 2019
P.C. :
1. The Applicant is seeking his release on bail in
connection with C.R.No. 174 of 2018 registered with Chandwad
Police Station, Nashik, under sections 304B, 306 and 498A r/w. 34Section
of the Indian Penal Code. The applicant was arrested on
01/11/2018 and since then he is in custody. The investigation is
over and the charge-sheet is filed.
2. The FIR is lodged on 31/10/2018 by Trambak Wakte,
father of the deceased Shakuntala. He has stated in his FIR that,
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Shakuntala had got married with the applicant on 12/04/2012.
They couple was residing with the applicant’s joint family
consisting of applicant’s uncles and cousins. It is mentioned in the
FIR that Shakuntala was treated properly for a period of one year.
Thereafter the applicant was not allowed to use a tractor and a
motorcycle belonging to the joint family. They were insisting that
the applicant should force the deceased to get Rs.2 lakhs from her
parents, so that, he could buy a tractor and a motorcycle for his
own use. On more serious allegation was that the applicant’s
cousin Khandu was demanding sexual favours from Shakuntala.
Shakuntala, obviously, was disturbed. Five months prior to the
date of incident, she came to reside at her parental house. At that
time, she had told everything to her parents and had added that
the applicant’s younger brother Bapu wanted to marry
Shakuntala’s younger sister Ashwini and on that count Bapu was
harassing her. It is further mentioned in the FIR that informant’s
son Roshan and his friend Santosh Salade went to the applicant’s
house and told the applicant’s family that Khandu was having bad
intentions for Shakuntala. The informant has further stated that
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his younger brother Sopan had told the applicant, Khandu and
Jayram that they were not in a position to get Rs.2 lakhs. On
30/10/2018 Shakuntala called the informant from her mobile
phone and told him that she was assaulted by the applicant,
Khandu and applicant’s uncle Jayram. The informant tried to
pacify her, but shortly thereafter at around 3.15p.m. the informant
was told telephonically that Shakuntala had committed suicide by
hanging herself. On this basis, the FIR was lodged.
3. The Postmortem notes show that the deceased had
suffered four other injuries besides ligature mark around the neck.
Though, injuries were on the back, right hand, left knee and right
thigh, the postmortem notes show that these injuries were
antemortem. However, the investigating agency had sought further
opinion from the Medical Officer as to whether those injuries were
antemortem or postmortem. The cause of death was mentioned as,
“Asphyxia due to Hanging. Viscera preserved for chemical
analysis.” The charge-sheet contains statements of family
members of the first informant i.e. his wife, daughters etc. There is
a statement of his brother Sopan and the statement of one SectionSantosh
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Salde who was friend of informant’s son Roshan. All these
statements are important in the context of this case.
4. Heard Shri. Sumant Deshpande, learned counsel for
the applicant and Smt. A. A. Takalkar, learned APP for the State.
5. Learned counsel for the applicant submitted that, the
main allegations are directed against Khandu and Jayram. Both of
them are granted bail by this court. The accused Jayram was
granted bail by this court (Coram : Shri. A. S. Gadkari, J) vide
order dated 20/12/2018 passed in A.B.A.No.3260 of 2018. The
other accused Khandu was granted bail by this court (Coram :
Shri. P. N. Deshmukh, J.) vide order dated 02/05/2019 passed in
Bail Application No.879 of 2019. He submitted that the applicant’s
role is much lesser than those two accused and, therefore, on the
ground of parity, he deserve to be released on bail. He submitted
that there are some statements in the chargesheet exonerating the
applicant and the allegations are directed only against Jayram and
Khandu. He submitted that the applicant is already in custody
since 05/11/2018, therefore, he deserves to be released on bail.
6. Learned APP opposed this application and submitted
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that the applicant was husband of the deceased and his
responsibilities were more than other relatives of the deceased.
She submitted that the FIR and other statements of the family
members clearly show that the applicant was demanding Rs.2
lakhs from her and he had even assaulted the deceased prior to the
incident. She submitted that the theory of assault is supported by
postmortem notes.
7. I have considered all these submissions. As rightly
pointed out by the learned counsel for the applicant, the role
attributed to Jayram and Khandu is more serious than the role
attributed to the applicant. Jayram and Khandu were denying the
applicant use of their common vehicles and were forcing the
applicant, in turn, to force the deceased to get the amount from
her parents. The allegations are mainly directed against Khandu
that, he was insisting that the deceased should keep illicit physical
relations with him and that appears to be main cause of
harassment from which she was suffering. The other angle was the
desire of applicant’s younger brother Bapu to get married with
Shakuntala’s younger sister. All these factors have led to the
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unfortunate incident. The statement of the brother of the
informant Sopan shows that, deceased had told him and the first
informant that, she was sent to their place by Jayram to bring Rs.2
lakhs. He has not stated that the applicant had asked Shakuntala
to get that amount from her parents. Though, there is further
general statement that all the family members were calling her
telephonically and were demanding Rs.2 lakhs, he has not alleged
that the applicant himself had asked either her or other family
members of the informant to pay Rs.2 lakhs. His statement further
mentions as to how Khandu was harassing her. The statement
further narrated that on 30/10/2018 the informant told him that
Shakuntala called the informant and was saying that Khandu and
Jayram had assaulted her and on their instigation the applicant
has also joined in the assault. The other family members had
abused her and she was crying. By afternoon, she had committed
suicide.
8. Learned counsel for the applicant submitted that this
statement, in fact, shows that the applicant was forced by his
family members. There is a reference of the applicant’s name only
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in respect of the date of incident that he had assaulted the
deceased. Apart from that, there is no whisper made by Sopan
against the applicant as to how he was harassing the deceased at
any time before that particular incident.
9. One Santosh Salde has also supported the applicant’s
theory of innocence because he has stated that he had gone to the
house of applicant’s family with his friend Roshan. Roshan and
Santosh confronted Khandu for his behaviour. At that time, the
applicant had tried to pacify all the parties. This conduct of the
applicant, in fact, shows that he was trying to settle the issue.
Though, there are other statements of family members of the
informant narrating the same story, as stated in the FIR, the
statements of these two witnesses create sufficient doubt in favour
of the applicant. The more important factor which I have
considered is grant of bail to the main accused Jayram and Khandu
whose role, as pointed out earlier, is much more serious than the
role attributed to the applicant. In this view of the matter, on the
ground of parity and in view of the discussion above, the applicant
deserves to be released on bail.
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10. Hence, the following order :
ORDER
(i) In connection with C.R. No. 174 of 2018
registered with Chandwad Police Station,
Nashik, the applicant is directed to be released
on bail on his furnishing PR bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand
Only) with one or two sureties in the like
amount.
(ii) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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