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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 702 OF 2022
(CNR No. MHCC020040452022)
Periyaswami Senthilkumar Naidu
)
… Applicant / Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through Antop Hill Police Station)
Ld. Adv. Prashant Malik for Applicant /Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 27.04.2022.
ORDER
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 28 of 2022 registered with Antop Hill Police Station for the offences
punishable u/s. 304B, 498A, 323, 504, 506 r/w 34 of I.P.C.
2.
As per FIR, the daughter of Complainant namely Megha
got married with Accused. Since it was love marriage she performed the
Court Marriage and started residing at her matrimonial house. It is
alleged that in March2020 the daughter of Complainant delivered son.
After delivery of the child, the Accused started demanding golden
ornaments of 25 tolas. It is alleged that the Accused was in habit of
drinking. He used to visit the house under influence of liquor.
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Thereafter, he used to pick up quarrel, abuse and beat the daughter of
complainant. Moreover, the Accused used to demand money for dental
treatment as the daughter of complainant was not having proper
placement of her teeth. So also, the Accused was having extra marital
affair. On inquiry about the same, he used to beat her. It is alleged that
in February2021 the Accused beat the daughter of the complainant and
pelted mobile phone towards her. At that time, she had injury over her
eye for which she took treatment from the Sion Hospital. It is alleged
that thereafter, Megha came to residence of complainant. However, the
Accused visited the house of the complainant and compelled Megha to
accompany with him and started giving threats to commit suicide, if she
refuses to accompany with him. It is alleged that in April2021 the
Accused again beat the daughter of complainant after drinking and
caused burn injury to her. Therefore, she took treatment from Dr.
Pedhanekar.
Even at that time, she stayed with the complainant.
However, the Accused again made video call on mobile and gave threats
to end his life. Therefore, in compelling circumstances the daughter of
complainant used to return to her matrimonial house. Moreover, the
mother and sister of the Applicant used to taunt the complainant for not
bringing dowry to their expectation.
It is alleged that on repeated
demands the family members of the complainant used to transfer the
amount on account of Accused. It is alleged that thereafter the Megha
gave birth to the second child. At that time, the Accused asked the
complainant to give the money for payment of Hospital Bill. He also
asked the money for treatment of second son Shivansh as he was having
some deformity in his leg. Therefore, an amount of Rs. 15,000/ came
to be transferred to the account of Applicant. It is alleged that prior 10
days to the incident the deceased Megha called her mother and
informed that Accused is beating her. Therefore, the mother of Megha
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immediately went to the matrimonial house. She found swelling over
eye due to the beating caused to Megha. Hence, she took Megha with
her. However, within 2 days the Accused again came to the
complainant’s house and compelled Megha to accompany with him,
otherwise, he will commit suicide. Thereafter, on 17.02.2022 Megha
made video call and informed that she visited the dental clinic and an
amount of Rs. 35,000/ is required for her treatment. It is informed that
the Accused is teasing her teeth are not properly placed. Thereafter, on
18.02.2022 he received the information that Megha committed suicide
by hanging. Therefore, the present complaint is filed.
3.
The Applicant / Accused claims bail on the ground that he
is falsely implicated in the present offence. The Applicant further claims
that there is no documentary evidence produced to substantiate the
false accusation made in the FIR. Moreover, no custodial interrogation
is required. So also, he is having responsibility of two minor sons. It is
alleged that on 18.02.2022 the Accused and victim had a fight on trivial
issue and thereafter they went to sleep together in same room. It is
alleged that when Accused woke up, he found his wife committed
suicide by hanging. So also, there is delay in filing FIR. Therefore,
Accused prayed for release him on bail.
4.
The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that the investigation is
in progress. The Accused not provided necessary information during
police custody. Therefore, if the Accused is granted bail, then there is
every possibility that Accused will tamper with the prosecution
evidence. So also, there is every possibility that he will threaten the
victim and prosecution witnesses. Therefore, the prosecution strongly
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objected for release of Accused on bail.
5.
After going through the Prosecution case and argument
advanced it appears that the deceased victim got married with Accused
in January2019 and she committed suicide within a short period of
three years from the date of marriage. The deceased was mother of two
children aged two years and another of 8 months. In spite of the same
she took drastic step to end her life. It is important to note that when
the victim committed suicide, the Accused was available. However, he
claims that he was sleeping and therefore, he was not aware about the
suicide committed by his wife in the same room. The investigation is in
progress. It is the grievance of the complainant that after marriage, the
Accused assaulted his wife on several occasions and due to the said
beating she sustained injuries. Therefore, every time she tried to save
her from assault by coming to her parents house. However, every time
the Accused compelled her to accompany with him by giving threats to
commit suicide. Moreover, Accused not made any improvement and
continued harassment. It is submitted on behalf of the Accused that
requesting to pay some amount to meet household expenses not
amounts to dowry demand. However, causing illtreatment due to non
satisfaction of any demand of money amounts to cruelty. Moreover, the
marriage of Accused with deceased was love marriage. Therefore, he
was knowing about her appearance. It is not proper on the part of
Accused to tease the deceased wife for not having her teeth in proper
place and demanding money from her parents for the said treatment.
The young girl of 23 years committed suicide who was having two
young children. Since the investigation is in progress, the proper
opportunity should be made available to investigate into the matter.
Therefore, at this stage, I am not inclined to grant bail to the Accused.
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Hence, I hereby proceed to pass following Order :
ORDER
The Bail Application No. 702 of 2022 stands rejected.
Date : 27.04.2022.
Dictation Typed on
Checked & Signed on
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
: 27.04.2022.
: 27.04.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
28.04.2022 at 2.45 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. SANJASHREE J. GHARAT
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 27.04.2022
JUDGMENT/ORDER signed by P.O. 27.04.2022
on
JUDGMENT/ORDER uploaded on
28.04.2022