Allowed

Sudam Karbhari Auti v. the State of Maharashtra

Bombay HC17 Feb 2014APPLN/167/2014

Case brief

AI extract

What is this about?

This order grants bail to the applicant in a case involving allegations of dowry harassment and abetment to suicide. The court noted medical records indicating the deceased's mental illness and found that keeping the applicant in custody was not desirable pending case disposal.

What did the court decide?

Release on bail in Crime No.350/2013 upon furnishing Rs.25,000 bond with one solvent surety, subject to conditions regarding witnesses and village visitation.

Sudam Karbhari Auti Vs the State of Maharashtra — Domestic Violence | Bombay HC (2014)

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1 Application 167 of 2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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Criminal Application No.167 of 2014

Sudam Karbhari Auti.

.. Applicant.

Versus

The State of Maharashtra.

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.. Respondent.

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Shri. Satej S. Jadhav, Advocate, for applicant.

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Smt. V.A. Shinde, Additional Public Prosecutor, for respondent.

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Shri. G.R. Jagtap, Advocate, holding for Shri. C.K. Shinde, Advocate, to assist the Additional Public Prosecutor.

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With

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Criminal Application No.282 of 2014 In Criminal Application No.167 of 2014

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Arvind s/o Namdeo Kale. .. Applicant.

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Versus

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Sudam Karbhari Auti & Another. .. Respondents.

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Shri. G.R. Jagtap, Advocate, holding for Shri. C.K. Shinde, Advocate, for applicant.

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Smt. V.A. Shinde, Additional Public Prosecutor, for respondent.

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2 Application 167 of 2014

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CORAM: T.V. NALAWADE, J. DATE : 17^th FEBRUARY 2014 ORDER:

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Criminal Application No.282 of 2014 for permission to assist the learned APP is allowed.

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The application is filed for bail. Both the sides are heard. Papers of investigation are seen by this Court.

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Learned counsel for the applicant has produced some record regarding the treatment given to the deceased with regard to her mental condition.

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Crime is registered on the basis of report given by the father of the deceased. Deceased was given in marriage to applicant on 17-5-2009. At the relevant time she had one daughter aged about 3 years. Allegations are made that on petty counts husband and relatives were picking up quarrel with the deceased and they were harassing her. Allegations are made that husband and relatives used to say that the deceased was not in position to do even the household work. Two days prior to the incident the deceased had disclosed about ill treatment and on that occasion deceased was driven out of

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3 Application 167 of 2014

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matrimonial house. The complainant somehow convinced the applicant. Allegations are made that the deceased had again returned to the parental house and she had disclosed that her husband had sent her to her parents house to see the parents. The decease had left her parental house on 5-12-2013 for matrimonial house and since then she was not seen alive by anybody. When her parents went to the village of the applicant they learnt that deceased had come the but she was not accepted in the matrimonial house. Missing report was made by the complainant on 9-12-2013. Dead bodies of the deceased and her daughter aged 3 years were found in a well situated at 4 to 5 kms from the village of the applicant on 11-12-2012. Dead bodies were found in highly decomposed condition.

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There are statements of the relatives about illtreatment to the deceased. the record of treatment given by the psychiatrist shows that the deceased was taken to the hospital of Dr. Amit Sapkal from Ahmednagar. Father had given history that deceased was suffering from mental illness since 7 to 8 years. Some treatment was advised.

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4 Application 167 of 2014

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She was again taken to hospital namely Siddhivinayak Children Hospital and there also some advice was given in respect of child as mother was suffering from mental illness. There is no whisper about such mental condition of the deceased in the complaint or other statements given by relatives on parental side. The complainant is working as Naib Tahsildar and the applicant is a labour. In view of nature of material which is discussed above this Court holds that it is not desirable to keep the applicant behind of the bars till disposal of the case.

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In the result, the application is allowed. The applicant is to be released on bail in Crime No.350/2013 registered at Rahuri Police Station, District Ahmednagar for offence under sections 498-A, 306, 323, 504, 506 read with section 34 of the Indian Penal Code on his furnishing PR and SB of Rs.25,000/- with one solvent surety in the like amount. The applicant is not to tamper with prospection witnesses. He is not to visit the village of the complainant till disposal of the case.

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Sd/- (T.V. NALAWADE, J.)

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rsl

Sudam Karbhari Auti v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sudam Karbhari Auti v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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