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Nagesh Dashrath Bombale & Another vs State Of Mah., Thr. P.S.O. Ps … on 22 January, 2020

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 2 OF 2020
Nagesh Dashrath Bombale and another .Vs. State of Maharashtra, through
PSO, PS, Mehkar, Tq. Mehkar, Dist. Buldhana and another
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. Bushan Dafle, Advocate for applicant.
Mr. S.M. Ghodeswar, A.P.P. for non applicant-State.
Mr. S.B. Gandhe, Advocate for original complainant.

CORAM : V. M. DESHPANDE, J.

DATED : JANUARY 22, 2020.

CRIMINAL APPLICATION (APPP) NO. 76 OF 2020
This is an application for assisting the prosecution
filed by the original complainant.

For the reasons stated in the application, the
application is allowed. Mr. Gandhe, learned counsel is
allowed to assist the prosecution.

The application is disposed of.

CRIMINAL APPLICATION (ABA) NO. 2 OF 2020
This is an application for pre-arrest bail.

2. Heard Mr. Dafle, learned counsel for the
applicant, Mr. Ghodeswar, learned Additional Public
Prosecutor for non applicant-State and Mr. Gandhe, learned
counsel for the original complainant assisting the
prosecution.

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3. Applicant is apprehending his arrest in

connection with Crime No.240/2019 registered with Police
Station, Mehkar, Dist. Buldana for an offence punishable
under Sections 498A, 323, 506B read with Section 34 of the
Indian Penal Code.

4. The offence is registered against seven persons
on the report lodged by Urmila Bombale, who are her
husband and in-laws. As per the report, on 26.04.2013
Urmila’s marriage was performed with applicant no.1-
Nagesh. Applicant no.2 – Dashrath is her father-in-law. In
the marriage, father of Urmila spent about ₹ 8,00,000/- and
also gave household articles for their martial life. After
marriage, she started residing in her matrimonial house.
Her in-laws and husband were joint in residence. After
three months of marriage, applicant no.1-Nagesh asked
Urmila that she should ask her father to give ₹1,00,000/- for
purchasing a vehicle. When this was resisted by Urmila, she
used to be assaulted by applicant no.1 and her mother-in-
law. Even she was put to starvation. Even her married
sister-in-law used to instigate her husband for demanding
money and also to assault Urmila. Since this ill-treatment
was unbearable, Urmila came to her parental house and
disclosed the harressment to her maternal house. The
unfortunate father of Urmila, in order to save his daughter
from ill-treatment, gave ₹1,00,000/- to the applicant no.1.
Normally, the lust of the husband and his family members
should have stopped there. Further, it appears that they

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again started beating Urmila and demanding ₹10,00,000/-
to purchase agricultural field. On that count, she was
subjected severe cruelty. Not only that she was sent by
applicants to her parental house in 2016. That time, father
of Urmila and her relatives somehow prevailed upon the
applicants and their family members and when the injured
Urmila started residing in her marital house, at this point of
time all her gold ornaments which were given to her in her
marriage by her parents were taken away by her mother-in-
law. In the meanwhile, Urmila became pregnant and
delivered a baby boy at her parental house. Thereafter,
when she went for cohabitation with her husband, the
applicant no.1 for non-fulfillment of the demand of
₹10,00,000/-, started assaulting on her under the influence
of liquor. The other family members of Nagesh used to ask
Urmila that she should fulfill the demand of her husband.
However, for non-fulfillment of the illegal demands, in the
year 2017, she was thrown out of her marital house. Hence,
she started residing at her parental house. The parents
again gave a word of advise to the applicants and other
family members and with folded hands asked them that they
should not ill-treat his daughter. A cellphone was given to
her by her father. Upon that the applicant no.1 picked up
quarrel that she is making phone calls to somebody.

5. The incident of highest cruelty took place on
03.07.2019 at 12:30 noon, when she was coming on the said
day to her marital house that time her husband and in-laws

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were present. On noticing her presence in her marital house
the mother-in-law picked up quarrel as to why she is in the
marital house without there being ₹10,00,000/- with her.
Upon that the injured Urmila stated that she will reside in
her marital house. On that, applicant no.1 assaulted on her.
Thereafter, her in-laws who were present there assaulted on
her by fist and kicks. When she fell down due to the said
assault applicant no.2 Dashrath her father-in-law asked his
son Nagesh to bring Kerosene. Thereafter, her mother-in-
law and married sister-in-law caught hold of her. Kerosene
container was brought by her husband and it was poured on
her person and thereafter she was set ablaze by her father-
in-law Dashrath. Somehow Urmila got herself rescued and
came outside the house, due to her shouts the attention of
others was invited.

6. With these allegations the offence is registered.
Investigation papers show that immediately medical
treatment was offered to her at Rural Hospital, Mehkar. The
injury report shows that the doctor who treated her found
that her body was emitting Kerosene smell. There were
burn injuries all over her body. There is also an eye witness.
His name is Bhagwan Bomble. He is neighbhour of Nagesh
and Dashrath Bomble. His statement would show that
shouts of Urmila was the reason to give attention to the
house of applicants. That time he noticed that Urmila was
caught hold by her mother-in-law, her married sister-in-law
and in-laws and applicant no.1 Nagesh was assaulting and

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Kerosene was poured on her.

7. According to learned counsel for the applicant,
the injured left her martial house on her own. To
substantiate this particular submission, there is nothing on
record inasmuch as she left her house on her own, there
would have been steps on the part of the applicant no.1 for
their cohabitation. It was always open for the applicant to
file appropriate proceedings before the appropriate Court for
resumption of restitution of conjugal rights. From the
investigation it is very clear that the injured as well as
applicants are residing in same village. Normally, a married
woman will not leave her matrimonial place unless there is
compelling reason not to reside. In such circumstances,
prima facie, looking to the First Information Statement of
the injured and the neighbour, the ill-treatment given to the
injured Urmila will have to be given weightage .

8. Urmila was having a small child. Mother’s
affection towards her progeny cannot be gauged or
measured. Further, the statement of Bhagwan, an eye
witness, who appears to be of same surname of the
applicants, clearly shows that he noticed assault on
03.07.2019 at the hands of the applicants and their other
family members and Kerosene was poured on her person.
The doctor also noticed burn injury on her body.

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9. In aforesaid circumstances, in my view, it is
crystal clear that applicants are having highest degree of lust
for money and they can go to any extend. Therefore, in my
considered opinion, this is not a case wherein this Court
should exercise any discretion in favour of such persons.
Consequently, the application is rejected.

10. Needless to mention the interim order granted on
06.01.2020 by this Court stands vacated. It is expected from
the investigating officer to take immediate steps in
accordance with law against the applicants.

JUDGE
srwagh

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