Bombay High Court
Rahul Namdeo Karpe And Others vs The State Of Maharashtra on 19 September, 2018
Author: V. K. Jadhav
Bench: V. K. Jadhav
915-ABA-828-18
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 ANTICIPATORY BAIL APPLICATION NO. 828 OF 2018
WITH APPLN/2469/2018 IN ABA/828/2018
1. RAHUL NAMDEO KARPE
2. AMOL NAMDEO KARPE
3. PRAVIN DNYANDEO KARPE
VERSUS
THE STATE OF MAHARASHTRA
.....
Advocate for Applicants : Mr. Gaware Niteen V.
APP for Respondent-State : Mr. B. V. Virdhe
Advocate to assist APP : Mr. Rajendra K. Temkar
.....
CORAM : V. K. JADHAV, J.
DATED : 19th SEPTEMBER, 2018
PER COURT:-
1. Heard learned counsel for the applicant in criminal
application no. 2469 of 2018. For the reasons stated in the
application, the same is allowed in terms of prayer clause "B" and
disposed of accordingly.
2. The applicants in anticipatory bail application no. 828 of
2018 are seeking pre-arrest bail in connection with crime no. I-78
of 2018 registered with Supa Police Station, District Ahmednagar
for the offences punishable under Sections 315, 323, 504, 506 of
::: Uploaded on - 21/09/2018 ::: Downloaded on - 23/09/2018 01:12:16 :::
915-ABA-828-18
-2-
IPC. Their application with similar prayer bearing Cri.M.A. No.
1033 of 2018 came to be rejected by the Additional Sessions Judge,
Ahmednagar.
3. The learned counsel for the applicants submits that as per the
allegations made in the complaint, the incident had taken place
due to some trifling reasons and in the said incident, the informant
was subjected to beating by fist and kick blows. Learned counsel
submits that even if the allegations made in the complaint are
accepted as it is, the ingredients of Section 315 of IPC are not
attracted. There is no evidence at all that the act was done with an
intent to prevent the child being born alive. Learned counsel
submits that an opinion is given by the concerned Doctor about
spontaneous abortion. The informant was carrying two months'
pregnancy and the same was not even visible. There are no
allegations in the complaint that she was subjected to beating only
with intent to prevent the child being born alive.
4. Learned APP, assisted by Advocate Mr. Temkar, submits that
considering the relations between the informant and the applicants
herein, it cannot be said that the applicants were not knowing
about pregnancy of the informant. Despite the same, the applicants
::: Uploaded on - 21/09/2018 ::: Downloaded on - 23/09/2018 01:12:16 :::
915-ABA-828-18
-3-
extended beating on her abdomen with fist and kick blows and as a
result thereof, the informant suffered from abortion. Learned APP
submits that prima facie, the ingredients of Section 315 of IPC
stand attracted. The applicants are not entitled to be released on
anticipatory bail.
5. On careful perusal of the investigation papers and the
contents of the complaint, it appears that the incident had taken
placed as of a sudden on account of some trifling reasons. It is
simply alleged in the complaint that in the said incident, which has
taken place as of a sudden, she was subjected to abusing and
beating by fist and kick blows on her abdomen and legs. It is
nowhere alleged in the complaint that she was subjected to beating
on her abdomen with some specific intention to prevent the child
being born alive. Even there is nothing in the investigation papers
to indicate that the applicants were knowing about her pregnancy.
It would be inappropriate to observe at this stage as to whether the
ingredients of Section 315 of IPC are attracted or not, however,
suffice it to say that in the given set of allegations, custodial
interrogation of the applicants is not at all required. So far as the
spontaneous abortion is concerned, as per clause (i)(e) of Chapter
::: Uploaded on - 21/09/2018 ::: Downloaded on - 23/09/2018 01:12:16 :::
915-ABA-828-18
-4-
33 of Modi's Medical Jurisprudence and Toxicology (23rd Edition),
the physical trauma, for instance, a blow, a fall or some other
accident even of a trivial nature, may cause spontaneous abortion.
However, the physical trauma in the form of a blow, a fall or some
other accident, is not made punishable under Section 315 of IPC
but what is punishable is the intention behind the act. Prima facie, I
do not find said intention in the given set of allegations, and as
such, the applicants are entitled for anticipatory bail with certain
conditions. Hence, the following order:
ORDER
I. The application is hereby allowed.
II. In the event of arrest of applicant nos. 1, 2 and 3 i.e. Rahul Namdeo Karpe, Amol Namdeo Karpe and Pravin Dnyandeo Karpe, respectively, in connection with crime no. I-78 of 2018 registered with Supa Police Station, District Ahmednagar for the offences punishable under Sections 315, 323, 504, 506 of IPC, they be released on bail on their furnishing P.B. of Rs.5,000/- each with one surety each of the like amount on the following conditions;
a. The applicants shall not tamper the prosecution evidence in any manner.
::: Uploaded on - 21/09/2018 ::: Downloaded on - 23/09/2018 01:12:16 :::915-ABA-828-18 -5- b. Applicant nos. 1 and 2 shall make themselves available as and when required by the Investigating Officer since they are in military service.
c. Applicant no.3 shall attend the concerned police station once in a weak on every Sunday between 8.00 am to 11.00 am, till filing of the charge sheet.
III. Criminal application is disposed of accordingly.
( V. K. JADHAV, J.) vre/ ::: Uploaded on - 21/09/2018 ::: Downloaded on - 23/09/2018 01:12:16 :::