Bombay High Court
Nitin Waman Kamble vs The State Of Maharashtra on 28 June, 2021
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
:1: 14-ba-431-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 431 OF 2020
Nitin Waman Kamble .... Applicant
Versus
The State of Maharashtra .... Respondent
_____
Mr. Amol B. Jagtap for Applicant.
Smt. A. A. Takalkar, APP for State/Respondent.
_____
CORAM : SARANG V. KOTWAL, J.
DATE : 28th JUNE, 2021
(Through Video Conferencing)
P.C. :
1. The Applicant is seeking his release on bail in
connection with C.R.No. 659 of 2019 registered at Bharti
Vidyapeeth police station, Pune, under sections 306 and 498A of
the Indian Penal Code (for short 'IPC'). The applicant was arrested
on 21/10/2019 and since then he is in custody. The investigation is
over and the charge-sheet is already filed.
2. Heard Shri. Amol Jagtap, learned counsel for the
applicant and Smt. Takalkar, learned APP for the State.
3. The First Information Report (for short 'F.I.R.') is
Gokhale 1 of 6
::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 01:03:56 :::
:2: 14-ba-431-20.odt
lodged by one Meera Asware who was mother of the deceased
Vijaya. She has stated that, Vijaya had got married with the
present applicant on 09/12/2000. They had a son from their
marriage. There are allegations in the F.I.R. that the applicant was
not treating her well. He was abusing her and even used to give
cigarette burns. The applicant had illicit affairs and used to harass
her physically. The deceased wanted divorce from him. In 2002 the
applicant had allegedly beaten her and had demanded money from
her parental house. According to the first informant, at that time
he was paid Rs.1 lakh. The deceased had filed a petition in the
family court in the year 2002, but the applicant had convinced her
to withdraw it. They were residing together. The F.I.R. mentions
that, son of the deceased had also fallen for vices and was addicted
to liquor. It is alleged that the applicant had forced the deceased to
drink poisonous substance about six months prior to F.I.R. It is
mentioned that, in the previous month of the incident he had
beaten the deceased. On 20/10/2019 the deceased consumed
poison used for killing rats and had succumbed to the effect of that
poison. On this basis the F.I.R. is lodged.
2 of 6
::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 01:03:56 :::
:3: 14-ba-431-20.odt
4. Learned counsel for the applicant submitted that the
couple had got married in the year 2000 and after about 19 years
the deceased had consumed poison. Therefore, there could not be
any allegation of constant harassment at the hands of present
applicant. He submitted that, no particular overt act is attributed
against the applicant. He submitted that the F.I.R. is lodged on the
basis of suspicion. The informant's relatives and some of the
neighbours are also making false allegations based on suspicion
and anger. He submitted that the applicant is already in custody
for over a long period and, therefore, the applicant deserves to be
released on bail. He submitted that, there is dying declaration
recorded by the police and the deceased had not blamed the
applicant in that dying declaration.
5. Learned APP opposed this application and has relied
on the statements of witnesses including neighbours and other
family members of the deceased. She submitted that the applicant
had not accompanied the deceased to the hospital which shows his
intention not to help the deceased.
6. I have considered these submissions and with the
3 of 6
::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 01:03:56 :::
:4: 14-ba-431-20.odt
assistance of both learned counsel I have perused entire charge-
sheet. The important circumstance in this case is dying declaration
recorded by police constable attached to Bharti Vidyapeeth police
station. The dying declaration given by the deceased mentions
that, on 19/10/2019 she was under mental tension because of
domestic reason and she consumed the powder use for killing rats.
She was taken to Health Care Hospital near her house and
thereafter her husband had taken her to Vighnaharta hospital on
20/10/2019 at about 2:00a.m. and that she had no complaint
against anybody. This dying declaration describes two things; first
of all that she had consumed poison because of domestic tension.
She has not squarely and specifically attributed any role to the
present applicant. Secondly, this dying declaration shows that the
applicant herself had taken her to Vighnaharta hospital. This
indicates that the applicants had made some efforts to save her.
7. The F.I.R. itself mentions that the son of the deceased
had fallen for vices which also was a possible factor for her
disturbed mental state. The statement of the applicant's son Vinit is
recorded. He has stated that on 18/10/2019, there was quarrel
4 of 6
::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 01:03:56 :::
:5: 14-ba-431-20.odt
between the applicant and the deceased. The quarrel had started
becasuse Vineet had returned home late. Thus, this quarrel had
nothing to do with the problems inter-se between the couple, but it
was because of their son's behaviour.
8. There is a statement of one Pramila. It is slightly
incriminating against the present applicant. It mentions abuses
given by the applicant to the deceased on 19/10/2019. There are
similar allegations made by relatives of the deceased. Though
there are serious allegations made by these relatives. They are
spoken about their relationship from the period 2000. Their
statements also do not show as to when the deceased had told
these witnesses about this harassment. There is another set of
witnesses i.e. relatives of the applicant i.e. his sisters in law Rekha
and Shakuntala. They had taken the deceased to the nearest
hospital at the first instance and thereafter she was taken to
Vighnaharta hospital. They have not really spoken about the
reason why the deceased had consumed poison.
9. Dr. Swapnil Pawar of Health Care hospital near the
house of deceased has stated that the deceased had not told him
5 of 6
::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 01:03:56 :::
:6: 14-ba-431-20.odt
about the reason for consuming this poison. Thus, as discussed,
there are allegations against the present applicant. At the same
time, there are certain factors in his favour. However, applicant's
guilt or innocence can be decided only at the conclusion of the
trial. The trial is likely to take a long time, even to commence. The
applicant is in custody since 21/10/2019. The investigation is
already over and his further custody will not serve any purpose.
The applicant does not have criminal antecedents. In this view of
the matter, the applicant can be granted bail.
10. Hence, the following order :
ORDER
(i) In connection with C.R.No. 659 of 2019 registered at Bharti Vidyapeeth police station, Pune, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.) 6 of 6 ::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 01:03:56 :::