MADHUBALA A. KARAKASIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants are seeking anticipatory bail in connection with C.R.No.434 of 2019 registered with Ghatkopar Police Station on 16/07/2019, under sections 324, 363, 342, 420, 406 r/w 34 of the Indian Penal Code .

(2.) Applicant No.1 is 70 years old lady and Applicant No.2 is her daughter. The FIR is lodged by Applicant No.1's own sister Nirmala. She has stated in her FIR that, their relations were not cordial and for many years there was hardly any communication between the applicants and the first informant. In 2018 when the informant's third son Chetan was serious, that time for the first time both the applicants came to see her. In March, 2018 Chetan passed away. Both the applicants started communicating with the first informant. They took advantage of her vulnerable mental state. They instigated her to harbour suspicion against informant's husband and daughter. They instigated her to take her share in respect of the flat where she was residing with her husband and daughter. The first informant was taken by the applicants to reside with them on the pretext that, she would be given proper treatment. The FIR further mentions that, they asked her to bring her ornaments, cash, cheque book and keys of her bank locker. Since 15/10/2018 the first informant started residing with the applicants. It is alleged in the FIR that, the applicants did not allow her to keep in touch with her daughter or husband. She used to be locked in the house. They used to beat her. She was having stomach ailment. On one occasion they cut her hair short. On one occasion they removed Rs.12,000/- by taking her signature on one of the cheques. It is alleged in the FIR that, the applicants misappropriated her ornaments. She was left at some Ashram at Anand, Gujarat. Thereafter, somehow her daughter got in touch with her and she was taken back to her house. She then started residing with her husband and daughter again. After that she lodged this FIR.

(3.) Heard Shri. Nitin Pradhan, learned counsel for the applicants and Mr. Pethe, learned APP for the State/Respondent.