IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1990 OF 2018
Siddeshwar Tatyaba Waghmode ..Applicant
v/s.
The State of Maharashtra . ..Respondents
Mr. Kuldeep Patil i/b. Mr. Prashant Patil for the Applicant.
Mrs. J.S.Lohokare, APP for the State.
Mr. Sachin Pralhad Bhosale, Police Naik, Phaltan Police Stn., present.
CORAM : ANUJA PRABHUDESSAI,J.
DATED : SEPTEMBER 27, 2018.
P.C.
1. This is an application under Section 438 Cr.P.C. filed by the
aforesaid applicant apprehending his arrest in C.R.No.309 of 2018
registered with Phaltan Gramin Police Station for the offences under
Section 306, 498A, 323, 504, 506 of IPC.
2. Heard Mr. Patil, the learned Counsel for the applicant and Mrs.
Lohokare, the learned APP for the State. I have perused the records
and considered the submissions advanced by the learned Counsel for
the respective parties .
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3. The applicant was married to Ambika in the year 2014. They
have two children aged about 12 years and 10 years respectively
from the said wedlock. The applicant is working in the police
department as police constable and was posted at Colaba Police
Station, Mumbai.
4. The wife and the children of the applicant were residing at the
matrimonial house at Phaltan which is stated to be 250 kms away
from Mumbai. Ambika, wife of the applicant consumed poison and
committed suicide on 6th August, 2018. Shalan Waghmode, mother
of Ambika lodged FIR on 7th August, 2018 alleging that her daughter
Ambika had committed suicide because of the cruelty meted out to
her daughter by the applicant and his family members.
5. As stated earlier, the records prima facie reveal that the
applicant herein was residing at Mumbai, while his wife Ambika was
residing at Phaltan. Said Ambika had committed suicide in her
matrimonial home at Phaltan. As on the date of the incident,
applicant was not present at Phaltan, and in fact he was on duty at
Colaba, Mumbai. Furthermore, the allegations leveled in the FIR do
not prima facie indicate that the applicant herein had provoked,
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induced or instigated his wife Ambika to commit suicide or that he
had aided or facilitated commission of suicide. There is no prima
facie material to show that the applicant had ‘abetted’ commission of
suicide within the meaning of Section 107 of IPC.
6. Considering the nature of the allegations and the nature of the
material against the applicant, in my considered view, this is not a
case which justifies custodial interrogation. Furthermore, the
applicant is a police constable, and hence there are no chances of his
absconding or thwarting the course of justice. The applicant has no
criminal antecedents.
7. Considering the above facts and circumstances, the application
is allowed on following terms and conditions:-
(i) In the event of arrest of the applicant in Crime No. 309 of 2018
registered with Phaltan Gramin Police Station, the applicant be
released on bail on furnishing bail bond of Rs.25,000/- (Rupees
Twentyfive Thousand Only) with one or two solvent sureties in the
like amount, to the satisfaction of the Investigation Officer.
(iii) The applicant shall report to the Investigating Officer for four
days from 1st October, 2018, and as and when required by the
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Investigating Officer for the purpose of investigation and
interrogation.
(iv) The applicant shall provide his permanent as well as temporary
address, if any, and his contact details to the Investigating Officer.
(v) The applicant shall not change his residential address without
prior intimation to the Investigation Officer.
(vi) The applicant shall not tamper with the evidence or interfere
with the complainant and the other witnesses in any manner.
(ANUJA PRABHUDESSAI, J.)
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