Bombay High Court
Dnyanesh Madhavrao Narhare vs The State Of Maharashtra on 7 September, 2023
Author: N. J. Jamadar
Bench: N. J. Jamadar
927-ABA-2484-23.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2484 OF 2023
Dnyanesh Madhavrao Narhare ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Satyam H. Nimbalkar with Mr. Vaibhav A. More, with
Omkar N. Chitale with Mr. Abhishek Arote, Mr. Arun K.
Chavhan, for Applicant.
Mrs. S. S. Kaushik, APP for State.
Mr. Vineet Naik, Senior Counsel i/b Mr. Abhijit Kulkarni
with Mr. Chinmay Patil and Mr. Amod E., for Complainant.
Mr. Ajay Shitole, PSI, Wanvadi Police Station, Present.
CORAM:- N. J. JAMADAR, J.
DATED:- 7th SEPTEMBER, 2023
P.C.:-
1) Heard the learned counsel for the applicant and the
learned APP for the State.
2) This is an application for pre-arrest bail in connection
with C.R. No. 363 of 2023, registered with Wanwadi police
station, initially for the offences punishable under Sections
498-A, 377, 323, 504 and 506 read with Section 34 of Indian
Penal Code, 1860 ("the Penal Code").
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3) The prosecution claims that the applicant has also been
arraigned for the offences punishable under Sections 420 and
406 of the Penal Code.
4) Respondent No. 2- the first informant had known the
applicant since the year 2018. The first informant was
estranged from her quondam husband and the proceedings for
divorce were pending. The applicant established proximity with
the first informant and proposed to solemnize the marriage
with the first informant by representing that he was residing
separately from his wife. Believing the representations, the first
informant solemnized marriage with the applicant on 10th
January, 2011. A business in a partnership was started. The
mother of the first informant provided finance of
Rs.30,00,000/-.
5) The first informant alleged that the applicant made her
sell her BMW Car and purchase Mahindra Thar Jeep for him
and Tata Tiago car for the father. The first informant was made
to pay all the installments. The mother of the first informant
was induced to part with a sum of Rs.5,00,000/- to start
another venture. The first informant further alleged that under
the influence of intoxicant, the applicant subjected her to
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sexual acts against the order of nature. She was subjected to
physical and mental cruelty.
6) On 9th July, 2023, when the first informant had gone to
the house of the applicant, she noticed the first wife of the
applicant in his house. When the first informant confronted,
the applicant's mother and sister abused and insulted the first
informant. She was turned out of the house and threatened
with dire consequences. Thus the report for the offences
punishable under Sections 498-A, 377, 323, 504 and 506 read
with Section 34 of the Penal Code.
7) Apprehending arrest, the applicant and his mother and
sister preferred an application for pre-arrest bail before the
Court of Sessions. By an order dated 9 th August, 2022, the
learned Additional Sessions Judge was persuaded to grant pre-
arrest bail to the mother and sister of the applicant. However,
the learned Additional Sessions Judge declined to exercise the
discretion in favour of the applicant.
8) I have heard Mr. Satyam Nimbalkar, the learned Counsel
for the applicant, Mrs. S. S. Kaushik, the learned APP for the
State and Mr. Vineet Naik, the learned Senior Counsel for the
respondent No. 2- first informant.
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9) Mr. Nimbalkar submitted that when the relationship
commenced both the applicant and the first informant were
married and yet they continued with the relationship being
fully cognizant of each other's marital status. The allegations of
matrimonial cruelty within the meaning of Section 498-A of the
Penal Code are thus prima facie untenable. It was urged that
on account of the dispute over the business ventures, the first
informant has levelled false and motivated allegations. In order
to wreak vengeance, the first informant has resorted to the
device of making wild and baseless allegations against the
applicant and his family members. Reference was made to the
report lodged under Section 354-A of the Penal Code against
the applicant's father.
10) The learned APP submitted that the material on record
indicates that the applicant has systematically deceived the
first informant. Custodial interrogation of the applicant is
warranted to subject him to medical examination and also
trace out the money, of which the first informant and his
mother have been defrauded.
11) Mr. Naik submitted that the applicant cannot take undue
advantage of the fact that the relationship commenced while
both were still in their respective marital bonds. The applicant
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has made a false representation that his marriage was dead
and thereby induced the first informant to solemnize marriage
with him. The false declaration was made before the Registrar
of Marriages. Money was siphoned off by inducing the first
informant and her mother to part with the same. Custodial
interrogation is indispensable for an effective investigation. Lest
the applicant, who claims to be a man of law, would get scot
free despite deceit and fraud, urged Mr. Naik.
12) Reliance was placed on the decision of the Supreme
Court in the case of Reema Aggarwal Vs. Anupam and Others 1,
to buttress the submission that it is necessary to construe the
expression, "husband" under Section 498-A of the Penal Code
to cover a person who enters into marital relationship and
under the color of such proclaimed or feigned status of
husband subjects a woman to cruelty.
13) Indisputably, when the relationship commenced and the
applicant and the first informant allegedly solemnized the
marriage on 10th January, 2021, both were married. A copy of
the order in Marriage Petition No. 903 of 2020 indicates that
the marriage of the first informant with her quondam husband
was dissolved on 3rd August, 2021. The allegation that the
1 (2004) 3 SCC 199
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applicant subjected the first informant to matrimonial cruelty
deserve to be considered in the aforesaid backdrop.
14) Mr. Naik submitted that "cruelty" envisaged by Section
498-A of the Penal Code includes within its dragnet
solemnizing a marriage during the lifetime of the wife, without
her consent. Here the situation is converse. The applicant
allegedly falsely represented to the first informant that his prior
marriage was dead. Prima facie, in the FIR, the first informant
did not allege that the applicant had stated that either his
marriage was dissolved or he was in the process of obtaining a
divorce.
15) The allegations relatable to the offence punishable under
Section 377 of the Penal Code are required to be appreciated, at
this stage, in the light of the material to show that the relations
between the applicant and the first informant were prima facie
cordial till the alleged incident dated 19th July, 2023. The
allegations in the FIR as regards the offence punishable under
Section 420 of the Penal Code, which were sought to be
forcefully pressed into service by Mr. Naik, at this juncture, are
rooted in the business and financial dealings between the
parties. Prima facie, the allegations in the FIR are not such
that the custodial interrogation of the applicant is
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indispensable for effective investigation. The applicant can be
directed to co-operate with the investigation and subject
himself to medical examination, if required by the Investigating
Officer.
16) I am, therefore, inclined to grant interim protection to the
applicant.
17) Hence, the following order.
ORDER
I) In the event of arrest of the applicant in connection with C.R. No. 363 of 2023, registered with Wanwadi police station, the applicant be released on bail on executing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
II) The applicant shall co-operate with the investigation and attend Wanwadi Police Station, on every alternate Sunday in between 10.00 am to 1.00 pm till the next date. III) The applicant shall not tamper with the prosecution evidence, contact the first informant, her mother and/or give threat or inducement to the first informant, any witnesses or any of the persons acquainted with the facts of the case.
IV) Stand over to 5 October 2023.
[N. J. JAMADAR, J.]
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