Bombay High Court
Usha Datta Kasab vs The State Of Maharashtra on 4 December, 2018
Author: V.L.Achliya
Bench: V.L.Achliya
1 ABA 1216.2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 ANTICIPATORY BAIL APPLICATION
NO.1216 OF 2018
USHA DATTA KASAB
VERSUS
THE STATE OF MAHARASHTRA
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Mr. M.K.Bhosle, Advocate for Applicant.
Mr. P.K.Lakhotiya, A.P.P. for Resp. - State.
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CORAM : V.L.ACHLIYA, J.
DATE : 04/12/2018
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ORAL ORDER :
1. The applicant apprehending arrest in connection with the offence punishable u/s 498-A,306 r/w 34 of I.P.C. registered vide Crime No. 121/2018 with Bori police station, Taluka and District Parbhani, has preferred this application seeking anticipatory bail.
2. Heard the learned counsel for applicant and learned A.P.P. for the State. Perused the F.I.R., the order passed by the learned Additional Sessions Judge, Parbhani as well as the papers of investigation made available during the course of hearing.
3. In brief, it is the contention of learned counsel for applicant that the applicant is innocent. She has not committed any offence registered against her. On the basis of false complaint lodged at the instance of informant, offences u/s 498-A, 306 of I.P.C. came to be registered against the husband of deceased, the applicant ::: Uploaded on - 04/12/2018 ::: Downloaded on - 29/12/2018 06:47:54 ::: 2 ABA 1216.2018 and her husband. By referring the allegations made in the F.I.R., learned counsel submits that if the allegations are taken to its face value, still it make out no offence u/s 306 of I.P.C. He submits that only cause for alleged illtreatment and harassment assigned refers to dispute between the deceased and her husband in paying money to the husband of applicant. It is submitted that the husband of the applicant and the husband of deceased are real brothers and are residing separately but in adjoining house. It is submitted that the allegations made in the F.I.R. spell out no strong circumstance to infer that the applicant as well as her husband abetted the commission of suicide by the deceased. It is submitted that the husband of deceased as well as the husband of applicant are arrested and lying in jail. The deceased is having two children aged 5 years and 11 years. The applicant is having children having age of 8 years and 11 years. There is nobody in the family of applicant as well as husband of the deceased to take care of those minor children. In case the applicant is arrested, there will be no person in the family to take care of minor children. It is further pointed out that the investigation of the case is practically over. Custodial interrogation of the applicant is not required. In terms of condition of interim bail, the applicant had appeared before the Investigating Officer and co-operate in conduct of investigation.
4. On the other hand, learned A.P.P. opposed the application with the contention that the complaint discloses commission of offence registered against the applicant. The informant and other witnesses have ::: Uploaded on - 04/12/2018 ::: Downloaded on - 29/12/2018 06:47:54 ::: 3 ABA 1216.2018 consistently stated that the deceased was illtreated by her husband, the applicant and her husband and two days prior to the incident, the deceased had returned to her house from her parents' house. In the back-ground of overall facts of the case, learned A.P.P. submits that the application filed by the applicant be rejected.
5. I have carefully considered the submissions advanced in the light of nature of allegations attributed against the applicant. The informant and other witnesses have consistently stated that the alleged harassment was co-related with the husband of deceased who was running fair price shop providing monitory assistance to his brother i.e. the husband of applicant. The deceased was against providing money to the brother of the husband of applicant. On that count there use to be quarrel between the deceased and her husband. In my view, the allegations made in the F,.I.R. at the most make out case of illtreatment and harassment. It is difficult to believe that by causing such harassment, the applicant intended the deceased to commit suicide. In order to constitute the offence u/s 306 of I.P.C., there must be abetment as defined u/s 107 of I.P.C. The act attributed must be an act committed with intention to drive the deceased to commit suicide. It is not desirable for this Court to consider whether the offence u/s 306 of I.P.C. is constituted or not under the facts and circumstances of the case. It is suffice to say that there is scope for argument to advance the submission that the offence u/s 306 of I.P.C. is not attracted under the facts and circumstances of the case. The husband of the deceased ::: Uploaded on - 04/12/2018 ::: Downloaded on - 29/12/2018 06:47:54 ::: 4 ABA 1216.2018 as well as husband of the applicant are arrested in the crime and they are behind the bars. There are two minor children of the deceased who are looked after by the applicant. So also applicant is also having two minor children. In case the applicant is arrested, it will cause great hardship to those children.
6. In the facts and circumstances of the case, custodial interrogation of the applicant is not required. Pursuant to the direction given by this Court vide order dated 21/11/2018, the applicant had appeared before the Investigating Officer and co-operated in the investigation. In that view, the applicant deserves to be extended protection u/s 438 of Cr.P.C. I am, therefore, inclined to allow the application and pass the following order.
ORDER [i] The application is allowed in terms of prayer clause 'B'.
[ii] Ad-interim anticipatory bail granted vide Order dated 21/11/2018 made absolute on same terms and conditions.
7. The application disposed of in above terms.
[V.L.ACHLIYA] JUDGE KNP/ABA 1216.2018 ::: Uploaded on - 04/12/2018 ::: Downloaded on - 29/12/2018 06:47:54 :::