Rita Tukaram Gore vs State Of Maharashtra And Anr
2024 Latest Caselaw 1249 Bom

Citation : 2024 Latest Caselaw 1249 Bom
Judgement Date : 18 January, 2024

Bombay High Court

Rita Tukaram Gore vs State Of Maharashtra And Anr on 18 January, 2024

Author: M. S. Karnik

Bench: M. S. Karnik

2024:BHC-AS:2418



                   Urmila Ingale                                           12-apeal-1041-23.doc


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL APPEAL NO. 1041 OF 2023

                   Rita Tukaram Gore                              ..Appellant
                         VS.
                   The State of Maharashtra and anr.              ..Respondents


                   Mr. Govind B. Solanke, for the appellant.
                   Ms. S. D. Shinde, APP for the State.
                   Mr. Ghansham Jadhav, for Respondent No.2.


                                              CORAM : M. S. KARNIK, J.

                                              DATE       : JANUARY 18, 2024
                   ORAL JUDGMENT :

1. Heard learned counsel for the appellant, learned APP

and learned counsel for the respondent no.2.

2. This is an appeal for quashing and setting aside the

impugned order dated 05/09/2023 passed by the trial Court

rejecting the anticipatory bail application filed by the

appellant in connection with C.R.No. 680 of 2023 registered

with Shikrapur police station for the offences punishable

under sections 306, 504, 506 of the Indian Penal Code, 1860

and under sections 3(1)(s), 3(2)(va), 3(2)(5) of the

Scheduled Caste and Scheduled Tribe (Protection of

Atrocities) Act and under section 7(1)(d) of the Protection of

Urmila Ingale 12-apeal-1041-23.doc

Civil Rights Act. The FIR is lodged on 21/07/2023.

3. For ease of reference, the relevant portion of the

interim order dated 21/09/2023 passed by this Court is

reproduced which reads thus:

"1.The appellant seek protection from arrest in connection with C.R.No. 680/2023 which was registered on 4/7/2023 and on 27/7/2023, the provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act) 1989, are added upon the supplementary statement of the complainant being recorded.

2. Heard learned counsel for the appellant who has invited my attention to the statement of the complainant recorded on 21/7/2023 where a specific allegation is levelled in respect of an incident dated 5/7/2023 against the accused Rishikesh, by alleging that when she accompanied her daughter to his house, in order to resolve the discord as regards the solemnization of marriage, as her daughter had informed that he is avoiding to perform marriage with her, it is alleged that they were abused and Rishikesh blankly refused to get married to her marriage and even they were threatened.

However, three days after the said statement and to be specific on 24/7/2023, there is a supplementary statement where the complainant supplement her original version by stating that even the appellant i.e. mother of Rishikesh was also present on the spot and both of them hurled abuses, by referring to their caste. That is how the appellant is arraigned as accused in the subject C.R.

3. Prima facie, the supplementary statement appear to be an after-thought as it is difficult for fathom as to why at the first instance if the mother of Rishikesh was present, there was no mention of her, as immediately on the next date, the daughter of the complainant committed suicide being feeling despondent and dejected.

In the wake of the aforesaid, appellant deserve ad- interim protection, while the notice is issued to respondent no.2."

Urmila Ingale 12-apeal-1041-23.doc

4. Learned APP and respondent no.2 opposed the appeal.

It is submitted that because of insensitivity shown by the

present appellant who is the accused no.2 - mother of the

accused no.1, complainant's daughter was forced to take

the extreme step of committing suicide on 06/07/2023.

Accused no.1 was in a relationship with the deceased. From

the allegations, it is seen that the accused no.1 refused to

marry the deceased because of her caste. It is alleged that

the deceased and the respondent no.2 were insulted and

abused in the name of the caste which were hurled at them

when they had visited the accused no.1 at his parental

home. There is no reference to the presence of the

appellant in the FIR neither there are any allegations of

abusing in the name of caste. These allegations are made in

the supplementary statement. However, the whats-app

chats which are produced on record between the deceased

and the accused no.1 made on the cellphone of the

complainant indicates that the family members of the

accused objected to the marriage because of the caste to

which the deceased belonged. The accusations are mainly

against the accused no.1. The allegations against the

Urmila Ingale 12-apeal-1041-23.doc

present appellant are prima facie vague.

5. Learned APP submitted that the charge-sheet has now

been filed and the investigation is complete.

6. In the facts and circumstances of the present case, I

am inclined to confirm the interim order. It is however made

clear that the observations made hereinabove are limited to

deciding this application for bail and shall not influence the

trial. Hence, the following order.

ORDER

(i) In the event of arrest, the appellant shall be released on bail on furnishing P.R. bond to the extent of Rs.15,000/- with one or two sureties of the like amount.

(ii) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The appellant shall not tamper with evidence.