Allowed

Rahul Rajindranath Khanna and Anr. v. the State of Maharashtra

Bombay HC20 Oct 2021ABA/1085/2021

Case brief

AI extract

What is this about?

The Bombay High Court granted pre-arrest bail to husbands and sister of a deceased victim in a murder and cruelty case. The court held that false implication could not be ruled out as the death was cardiac arrest and allegations were stale despite pending matrimonial proceedings.

What did the court decide?

Applicants released on bail on execution of P.R. bond of Rs. 25,000/- each with sureties in like amount, subject to specific conditions.

Rahul Rajindranath Khanna and Anr. Vs the State of… — Anticipatory Bail | Bombay HC (2021)

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22 ABA-1085-2021.doc

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BDP-SPS-TAC

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BHARATDASHARATHPANDIT

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Digitally signedby BHARATDASHARATHPANDIT Date:2021.10.2120:37:54 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 1085 OF 2021

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1] Rahul Rajindranath Khanna

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2] Nidhi Sarath Manari

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….Applicants.

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V/s

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The State of Maharashtra and Anr.

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….. Respondents.

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Mr. Amit Icham i/b Mr. Aashish Satpute for the Applicants.

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Ms. A.A. Takalkar, APP for Respondent No.1.

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Mr. Milind A. Ingole for Respondent No.2.

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CORAM: NITIN W. SAMBRE, J.

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DATE: OCTOBER 20, 2021

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P.C.:-

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1]Applicants are seeking pre-arrest bail in Crime No.14 of 2021
registered with CBD Belapur Police Station, Navi Mumbai for the
offence punishable under Sections 120B, 498-A, 302, 304, 304-B, 327,

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328, 329, 406, 420, 354-A, 354-B, 323, 509, 504, 506, 511 r/w

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Section 34 of the Indian Penal Code.

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22 ABA-1085-2021.doc

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2]Applicant No.1 is husband of deceased whereas Applicant No.2 is
real sister of Applicant No.1.

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3]Applicant No.1 alleged to have married deceased Sonal on 29th
June, 2006.

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4]It is further claimed in the FIR that that after marriage till her
death i.e. 24/5/2020 i.e. for last about 13 years, the said victim was
not having any physical relationship with Applicant No.1 as there
appears to be differences. It is further alleged in the FIR that cause of
death cited in the Death Certificate by the doctor is acute cardiac
respiratory arrest. It is claimed that since deceased Sonal was not
keeping well, she has executed a Will in favour of the complainant and
his sister, thereby ignoring claim of Applicant No.1 in the capacity of
husband. It is alleged that Applicant No.1/husband has administered
Stiloj-100 which has adversely impacted heart of the victim. It is also
alleged that such treatment was given to her for quite a long period so
as to ensure her death. It is claimed that Applicant No.1, at times, had
assaulted the victim and treated her with cruelty and that being so,
Applicant No.1 has to be held responsible for her death.

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22 ABA-1085-2021.doc

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5]In the aforesaid background, Counsel for Applicants would urge
that FIR depicts that for last about 13 years, before the date of
registration of crime, there were no husband-wife relations between
Applicant No.1 and victim. It is also claimed that various proceedings
such as application for grant of divorce initiated by Applicant No.1,
D.V. Act complaint at the behest of the deceased demonstrated about
matrimonial discord. That being so, Applicants are falsely implicated
in crime. My attention is also invited to the registration of Crime
No.240 of 2018 against the complainant. It is brought to my notice
that sister of Applicant Nos. 1 i.e. Applicant No.2 was married to the
complainant and at her behest aforesaid crime against the complainant
came to be lodged wherein he is already chargesheeted.

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6]While countering aforesaid submission, Mr. Ingole, learned
Counsel for the Complainant assisted learned APP and would urge that
there is enough material on record to infer prima facie involvement of
the Applicants in the offence in question. It is claimed that there is eye
witness to the incident of assault, who happened to be sister of the
complainant viz. Seema Birthwal. The contents of Will dated

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22 ABA-1085-2021.doc

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16/5/2020 and the complaints made to the police authorities are
relied on so as to establish the claim that before death of victim Sonal,
she was subjected to mental and physical harassment. The custodial
interrogation of the Applicants is sought to be justified based on
contents of FIR and other material brought on record.

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7] Considered submissions.

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8]The complainant himself has come out with a case that after
marriage of Applicant No.1 with deceased Sonal on 29th June, 2006
there was no conciliation for last about 13 years before 2020. It is
claimed that in view of matrimonial discord, various matrimonial
proceedings are inter se pending between the deceased and Applicant
No.1 before various courts. Though complainant alleged that Will
dated 16/5/2020 executed by deceased Sonal speaks about ill-
treatment meted out to her by Applicants that by itself will not justify
case of the prosecution for custodial interrogation. It appears from the
record that the complainant and the Applicants are at logger head as
Applicant No.1’s sister who happens to be wife of complainant has
lodged police complaint against complainant, resulting into filing of

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22 ABA-1085-2021.doc

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charge-sheet in Crime No.240 of 2018. The fact remains that certain
circumstances which are relied on for alleging involvement of the
Applicant No.1 in the offence in question are stale in nature. For not
taking up timely action, no convincing explanation is coming forth
from the complainant. Apart from above, it is difficult to infer from
record that necessary ingredients under Section 302 of IPC are prima
facie satisfied as the cause of death is admittedly acute cardiac
respiratory arrest. From the contents of the FIR, it is reflected that
victim Sonal was taking treatment for her heart ailment. In the
aforesaid background, false implication of the Applicants in the
offence in question cannot be ruled out.

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9]In the result, following order is passed

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10]In the event of the arrest of the Applicants, Applicants be
released on bail in C.R. No.14 of 2021 registered with CBD Belapur
Police Station for the offence punishable under Sections 120B, 498-A,
302, 304, 304-B, 327, 328, 329, 406, 420, 354-A, 354-B, 323, 509,
504, 506, 511 r/w Section 34 of the Indian Penal Code, on execution
of P.R. Bond in the sum of Rs 25,000/- each with one or more sureties

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22 ABA-1085-2021.doc

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in the like amount. Applicants shall neither influence the witnesses in
any manner nor tamper with the evidence. Applicants shall attend

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the Investigation Officer of the concerned Police Station on 22nd, 25th,

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27th and 29th October, 2021 and thereafter as and when directed.

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(NITIN W. SAMBRE, J. )

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Rahul Rajindranath Khanna and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rahul Rajindranath Khanna and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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