In this criminal bail application under Section 306, 498A, and 304B IPC, the High Court allowed the bail petition for two applicants arrested in a felonious suicide case involving domestic harassment and miscarriage.
Applicants released on bail on execution of PR bond with sureties and directed to attend police station periodically.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
31 BA 63-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 63 OF 2021
1.Anil Chandrayya Dasari2. Chandrayya Bhumayya Dasari… Applicants
Versus
The State of Maharashtra … Respondent
Vriddhi Maria i/b. Mr. Shantanu R. Phanse i/b., for the Applicants.
Mrs. M. R. Tidke, APP for the Respondent – State.
Mr. S. B. Barela, A.P.I., Bhiwandi City Police Station.
CORAM : PRAKASH D. NAIK, J.
DATE: 19th MARCH, 2021
PC :
. The applicants are arrested on 29th January 2020 in connection
with C.R.No.I-34/2020 registered with Bhiwandi City Police Station,
Dist. Thane, on 28th January 2020 for offence punishable under
Sections 306 and 498(A) read with 34 of Indian Penal Code, 1860.
Subsequently, Section 304-B of Indian Penal Code was added.
Digitally signed by Manish Manish S. Thatte Date: 2021.03.22 S. Thatte 11:35:54 +0530
2. The complaint was lodged by the father of deceased. The
marriage of the deceased and applicant No.1 was solemnized on 29th
May 2019. It is alleged, that the accused were harassing the victim.
The complainant had made an application prior to the marriage for
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obtaining the facility the amount of Rs.1 Lakh for performing
marriage in some scheme. The said Rs.1 Lakh was not parted to the
accused and therefore, there was alleged harassment. The victim was
pregnant. There was miscarriage. The victim committed suicide on
27th January 2020 by hanging to ceiling fan matrimonial home. The
accused were arrested. On completing investigation, the chargesheet
was filed.
3. The F.I.R. was registered against the husband (applicant No.1),
father-in-law (applicant No.2) and mother-in-law (accused No.3).
Apparently the allegations against all the three accused were similar.
The mother-in-law had preferred an application for anticipatory bail
before the Sessions Court which has been allowed.
4. Learned Counsel for the applicants submits that the applicants
are in custody for substantial period of time. They do not have any
criminal antecedents. There was no harassment to compel victim to
commit suicide. The victim was disturbed on account of miscarriage.
There was no demand for dowry. The offences under 306 of I.P.C. is
not attracted.
5. Learned APP submitted that the incident of suicide had occurred within short span of time after the marriage. The F.I.R.
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attributes role of harassment to the applicants. The offences under
Section 306 and 304B of Indian Penal Code as well as 498-A of
Indian Penal Code are made out. The victim was compelled to
commit suicide.
6. Investigation is complete. Chargesheet is filed. The applicants
are in custody for more than a year. The co-accused has been granted
bail. On perusal of F.I.R. it appears, that the complainant and
applicant No.1 had visited the house of friend of applicant No.1. At
that time, there was a quarrel between applicant No.1 and the victim
as she was talking to somebody else on phone. Applicant No.1 had
allegedly assaulted. The statement of friend of applicant in whose
house the alleged incident had occurred is not recorded.
7. Considering the factual aspects as stated above, further
detention is not necessary.
8. Hence, the following order.
O R D E R
(i)Bail Application No.63 of 2021, is allowed.
(ii)The applicants are directed to be released on bail
in C.R.No.I-34/2020 registered with Bhiwandi
City Police Station, Dist. Thane, on executing P.R.
bond in the sum of Rs.25,000/- with one or more
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local sureties in the like amount;
(iii) The applicants shall attend the concerned Police Station once in three month on first Saturday of month between 11.00 a.m. to 01.00 p.m. till further order;(iv) The applicants shall not tamper with evidence;(v) Bail Application No.63 of 2021 stands disposed of accordingly.(PRAKASH D. NAIK, J.)
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1 issue framed by the court
Whether the applicants arrested under Section 306, 498A IPC should be released on bail.
2 provisions across 1 enactments
Anil Chandrayya Dasari
Chandrayya Bhumayya Dasari
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court