Allowed

Laxmibai Vishwanath Hanwate and Others v. the State of Maharashtra and Another

Bombay HC17 Oct 2023ABA/879/2023

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application for three accused in a domestic dispute case involving assault, outrage of modesty, and alleged snatching. The court found substantial grounds to believe it was a case of false/over implication due to a prior counter-complaint by the alleged victim, lack of serious injuries, and the absence of an accused at the incident time based on mobile C

What did the court decide?

Application allowed confirming interim orders, candidates to remain in police custody for recovery of weapon if any.

Laxmibai Vishwanath Hanwate and Others Vs the State of… — Domestic Violence | Bombay HC (2023)

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ABA-879-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO. 879 OF 2023

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1. Laxmibai Vishwanath Hanwate

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2. Kondiba Buwaji Ujagare

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3. Ratnamala Kondiba Ujagare ...Applicants

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Versus

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The State of Maharashtra & Another

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...Respondents

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***

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Mr. S. J. Salunke, Advocate for the Applicant.
Mr. S. P. Sonpawale, APP for Respondents – State.

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***

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CORAM:R.M. JOSHI, J.
DATE:OCTOBER 17, 2023

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PER COURT:

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1.Applicants apprehend arrest in connection with

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Crime No. 90 of 2023 registered with Palam Police

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Station, Dist. Parbhani for the offences punishable
under Sections 327, 324, 323, 354, 354-B, 504, 506,
289, 34 of Indian Penal Code.

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2.First informant reported incident dated
19.05.2023. She claims that at about 10.00 am dog

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belonging to her neighbour tried to bite her son

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Kishor. Her son Kishore, therefore, went in front of

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house of Laxmibai and asked them to take care of the

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Page 1 of 4

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ABA-879-2023.odt

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dog as the dog has tried to bite him. At that time,
informant’s elder son Ranjit came to the spot. It is
alleged that Kondiba, son-in-law of Laxmibai, assaulted
Rajit over his head with iron rod. When informant went

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to rescue him, Kondiba outraged her modesty by
touchingher inappropriately. It is alleged that her
gold chain was snatched. It is alleged against co-
accused that they assaulted informant and her son
Kishor with fist and kick blows.

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3.Learned Counsel for the Applicants submits
that it is a case of false implication as in respect of
the incident occurred at 10.00 am, offence came to be
registered in the night at about 09.45 pm. It is his
submission that in fact on the same day a complaint was
lodged by Applicant No. 3 against informant and her

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sons and the said report has been lodged on 04.45 pm.
It is his contention that in fact in the said incident
two Applicants and others were assaulted. It is also
submitted that though allegations are made against
Applicant No. 2 of causing actual assault and also
snatching of the chain of the informant coupled with
outraging of her modesty, however, at the relevant time

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Page 2 of 4

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ABA-879-2023.odt

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applicant was not present at the spot and that he was
attending funeral of acquaintance. It is submitted that
it is a case of false implication and hence, Applicants
are entitled to seek anticipatory bail.

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4.Learned APP opposed the application by

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submitting that there are specific allegations against
present Applicants showing their involvement in the
crime. It is further submitted that injury certificate
supports the allegations made in the FIR. It is
however, not in dispute that CDR of mobile phone of
Applicant No. 2 shows his presence not at the spot of
incident at the relevant time.

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5.Perusal of the record indicates that in

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respect of incident of the same day offence came to be
registered at the instance of Applicant No. 3 against
informant and her sons. The said report is lodged prior
in time. It is also pointed out from the record that
Applicant No. 3 sustained fracture injuries in the said
incident. As far as present FIR is concerned, the
report has been lodged belatedly after 09.00 pm though
incident in question has occurred at around 10.00 am.
Having regard to the disputes between the parties and

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Page 3 of 4

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ABA-879-2023.odt

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the report lodged by the Applicant No. 3 against

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informant, the possibility of false implication is
created. Apart from this, CDR of the Applicant No. 2
shows that the Applicant No. 2 was not present at the

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spot of incident at material point of time.
Investigation papers do not indicate causing of any
serious injury as claimed by the informant.

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6.Having regard to the aforestated facts, this
Court finds substance in the contention of learned
Counsel for the Applicants that this could be a case of
false/over implication. There are no criminal
antecedents of the Applicants and they are not likely
to abscond. For the purpose of recovery of weapon, if
any, the Applicants deemed to be treated in the custody
of police.

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7.In view of above, application stands allowed

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by confirming interim orders dated 23rd June, 2023 and
23rd August, 2023.

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Malani

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Page 4 of 4

Laxmibai Vishwanath Hanwate and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Laxmibai Vishwanath Hanwate and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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