Bombay High Court
Ganesh Nidhana Pathade vs The State Of Maharashtra on 4 May, 2022
Bench: V. V. Kankanwadi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.1408 OF 2021
GANESH NIDHANA PATHADE
VERSUS
THE STATE OF MAHARASHTRA
.....
Advocate for Applicant : Mr. S. V. Suryawanshi
APP for Respondent-State : Mr. A. M. Phule
.....
CORAM : SMT.VIBHA KANKANWADI, J.
Date of Reserving the Order :
20-04-2022
Date of Pronouncing the Order :
04-05-2022
ORDER :
1. The applicant is apprehending his arrest in connection with Crime
No.108 of 2021, registered with Police Station Narsi Namdeo, District
Hingoli, for the offence punishable under Section 306, 323 r.w.34 of
IPC.
2. Heard learned Advocate Mr. S. V. Suryawanshi for applicant and
learned APP Mr. A. M Phule for respondent-State. In order to cut
short, it is stated that both of them have made submissions in support
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of their respective contentions.
3. Perusal of the FIR would show that it has been lodged by one
Savitrabai Phulaji Rodge who is the mother of the deceased
Kanhopatra Phulagi Rodge. Kanhopatra got married to the present
applicant on 21-06-2020. It is then stated that for 15 days
Kanhopatra resided in her matrimonial home, but the relationship of
Kanhopatra and her mother-in-law were not good, and therefore,
Kanhopatra went to her mother's house and resided there for about
a year. Thereafter, in the month of July 2021 her brother left her to
matrimonial home. After residing for about five to six days the
present applicant who is employed in Air Force and was placed at
Halwara, Ludhiyana District, State of Punjab, took her there and
they were residing at that place. They resided there for about 1 ½
months and they came to the matrimonial home on 06-09-2021. On
the next day the present applicant took Kanhopatra to her parents
house and started saying that Kanhopatra is constantly in contact
with one Balkrushna @ Ashrua Vaijnath Rodge, and therefore, he
asked for divorce. His request for divorce was refused by
Kanhopatra and the informant. Meeting was held and then in
presence of those persons Kanhopatra admitted that she used to
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talk to Balkrushna Rodge, however, she said that the present
applicant has taken her mobile and he used to chat with Balkrushna
including the obscene material was forwarded. Her obscene
photographs were sent by the present applicant to Balkrushna under
pretext that she herself is sending them. After hearing all these
things, it was decided that they would take divorce. They both had
filed petition on 06-10-2021 for divorce and according to the
informant on that day there was a divorce. However, even after the
divorce, the present applicant is said to have sent /forwarded 98
recordings, 121 video calls, 27 sex videos and 1625 photographs out
of which 633 are nude. When present applicant was questioned
about the same, he gave threat that he will see as to how she gets
married. Upon hearing the same, Kanhopatra committed suicide at
5.30 p.m on 13-10-2021.
4. After considering the contents of the FIR, the learned APP was
asked to get report from Forensic Lab where the two mobile phones
were sent which were produced by witness and one from the present
applicant. Examination report has been given, however, it is to be
noted that it is in text form and it says that in what form it contains.
Further, investigation appears to have not been done or it may be
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done in later point of time. The post mortem report gives cause of
death as due to hanging. Now whether the present applicant had
abated the commission of the crime is a question. The police papers
show that petition for divorce was filed under Section 13-B of the
Hindu Marriage Act. That means, both were agreeable to get
divorce and it was filed on 01-10-2021 and the Judgment has been
pronounced by learned Civil Judge, Senior Division, Hingoli on 13-
10-2021. That means, on 11-10-2021 there was no divorce
between them as stated in the FIR.
5. The statements of the witnesses would show that what was
circulated and is said to be by the present applicant to the relatives
of the deceased and informant is about the illicit relations between
deceased and co-accused Balkrushna. The Forensic Lab report is at
present is not sufficient to show that that obscene material was sent
from the mobile phone of the accused. Now nothing is remained to
be recovered from the present applicant because in view of the
interim protection granted by this Court on 02-12-2021 it appears
that he was arrested and was released on bail. Under such
circumstances, by asking him to co-operate further in the
investigation, his application can be allowed. Hence, following order.
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ORDER
1) Application is hereby allowed.
2) The interim protection granted on 02-12-2021 by
this Court to the applicant is hereby confirmed. In other
words, in the event of arrest of the applicant Ganesh
Nidhana Pathade, in connection with Crime No108 of
2021, registered with Narsi Namdeo Police Station,
Taluka and District Hingoli, for the offence punishable
under Section 306, 323 r.w.34 of IPC, he be released on
P.R.Bond of Rs.20,000/- with solvent surety of like
amount.
3) He shall not tamper with the evidence of
prosecution in any manner.
4) He shall not visit and contact informant and
witnesses from Jambhrun Rodge, Taluka Sengaon,
District Hingoli.
(SMT. VIBHA KANKANWADI)
JUDGE
vjg/-.
