Bombay High Court
Smt. Gitabai Uttamrao Wankhede ... vs State Of Maharashtra Thr. Police ... on 19 July, 2017
Bench: V.M. Deshpande
Judgment
wp611.17 1
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.611 OF 2017
1. Smt. Gitabai Uttamrao Wankhade,
Aged 70 years, Occupation Household,
R/o At Navin Sonkhas, Bye Pass
Road, Near Krishna Mandir,
Mangrulpir, Tahsil Mangrulpir,
District Washim.
2. Sau. Karuna Dipak Vanjare,
Aged about 45 years,
Occupation Household.
3. Dipak Bhopat Vanjare,
Aged about 47 years,
Occupation Service.
Petitioner Nos.2 and 3 r/o Navin
Sonkhas, Bye Pass Road, Near
Krishna Mandir, Mangrulpir, Tahsil
Mangrulpir, District Washim.
4. Suchitra Krishna Sonavane,
Aged about 47 years,
Occupation Household, R/o Navin
Sonkhas, Bye Pass Road, Near
Krishna Mandir, Mangrulpir, Tashil
.....2/-
::: Uploaded on - 19/07/2017 ::: Downloaded on - 22/07/2017 00:18:57 :::
Judgment
wp611.17 1
2
Mangrulpir, District Washim.
5. Vilas Uttamrao Wankhade,
Aged about 47 years, Occupation Service,
R/o Pardi Tad, Tahsil Mangrulpir,
District Washim.
6. Vishakha Anil Bihade,
Aged about 40 years, Occupation
Household, R/o Kaveri Park, Part-
2, Ekvira Nagari, Vadgao,
Yavatmal, Tahsil and District
Yavatmal.
7. Siddharth Uttamrao Wankhade,
Age 55 years, Occupation Agriculturist,
R/o Lavna, Post Dabha, Tahsil
Mangrulpir, District Washim. ..... Petitioners.
:: VERSUS ::
1. State of Maharashtra,
Through Police Station Officer,
Police Station Digras, Tashil Digras,
District Yavatmal.
2. Pushpalata Prafulla Wankhade,
Aged about 31 years, Occupation Legal
Practitioner, R/o Near Old Bus
Stand, Digras, Tahsil Digras,
District Washim. ..... Respondents.
.....3/-
::: Uploaded on - 19/07/2017 ::: Downloaded on - 22/07/2017 00:18:57 :::
Judgment
wp611.17 1
3
===============================================================
Shri A.V. Band, Counsel for the petitioners.
Shri I.J. Damle, Addl.P.P. for respondent No.1/State.
===============================================================
CORAM : V.M. DESHPANDE, J.
DATE : JULY 19, 2017.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel Shri A.V. Band for the
petitioners and learned Additional Public Prosecutor Shri I.J.
Damle for respondent No.1/State.
2. The present petitioners are accused in Crime No.257
of 2017 registered with Digras Police Station, District Yavatmal
for the offence punishable under Section 498A read with Section
34 of the Indian Penal Code.
3. The present petitioners are in-laws of the first
.....4/-
::: Uploaded on - 19/07/2017 ::: Downloaded on - 22/07/2017 00:18:57 :::
Judgment
wp611.17 1
4
informant. After registration of crime, they approached before
the Court of Sessions by moving an application vide Misc.
Criminal Application No.61 of 2017 for grant of anticipatory bail.
The said application was allowed. While allowing their
application on 20.6.2017, learned Additional Sessions Judge at
Darwha directed that the present petitioners should attend
Digras Police Station once in a month on every third Sunday, till
filing of the charge-sheet.
4. Subsequently, an application for relaxation of the
said condition was moved and learned Additional Sessions Judge
at Darwha on 11.7.2017 in Other Misc. Criminal Application No.8
of 2017 rejected the said application and refused to relax the said
condition. Hence, the present criminal writ petition.
5. I have heard learned counsel Shri A.V. Band for the
petitioners and learned Additional Public Prosecutor Shri I.J.
.....5/-
::: Uploaded on - 19/07/2017 ::: Downloaded on - 22/07/2017 00:18:57 :::
Judgment
wp611.17 1
5
Damle for respondent No.1/State.
6. Looking to the nature of accusations made against
the present petitioners in the first information report, I think it
fit not to get reply of the investigating officer. Worth to note that
marriage of the complainant took place on 19.2.2010. Though,
initially, anticipatory bail application of the husband was
rejected, he moved an application before this Court vide
Criminal Application (ABA) No.444 of 2017 and this Court on
23.6.2017 granted anticipatory bail. Learned counsel Shri A.V.
Band for the petitioners has placed order dated 23.6.2017 for my
perusal and the same is taken on record and is marked as
"Annexure-X" for the purposes of identification. Perusal of the
said order shows that this Court did not impose any condition on
her husband to attend the police station.
7. Petitioner Nos.1, 2, 4, and 6 are ladies. Petitioner
.....6/-
::: Uploaded on - 19/07/2017 ::: Downloaded on - 22/07/2017 00:18:57 :::
Judgment
wp611.17 1
6
No.1 is of 70 years. Petitioner Nos.1 to 5 are residents of Taluka
Mangrulpir, District Washim which is far away more than 60 to
70 kilometers from Digras, District Yavatmal.
8. In view of the aforesaid, I am of the view that the
condition needs to be relaxed. Hence, I pass the following order:
ORDER
i) The criminal writ petition is allowed.
ii) Order passed by learned Additional Sessions Judge
at Darwha on 11.7.2017 in Other Misc. Criminal
Application No.8 of 2017, is hereby set aside.
iii) The condition imposed by learned Additional
Sessions Judge at Darwha, on 20.6.2017 in Misc.
Criminal Application No.61 of 2017, stands relaxed.
However, it will be open for the investigating officer
.....7/-
Judgment
wp611.17 1
to call petitioner Nos.3, 5, and 7 if their presence is
required for the investigation by giving them an
intimation in writing, before 48 hours.
9. With this, the criminal writ petition is allowed and
disposed of. Rule is made absolute.
JUDGE
!! BRW !!
...../-
