BABU VARGHESE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants are seeking anticipatory bail in connection with C.R.No. 236 of 2018 registered at Kamothe Police Station,Navi Mumbai, on 27/12/2018 under sections 498-A, 406, 323, 504, 506 read with Section 34 of the Indian Penal Code.

(2.) Today, nobody appears for the applicants. The applicants are protected by interim order dated 30/08/2019. Considering this long pendency, I am deciding this matter with the assistance of learned APP.

(3.) The applicants are parents of the informant's husband. The informant had got married with the applicant's son Saju on 15/05/2016. That time he had a job at Kuwait as Electrical Engineer. The FIR mentions that in the wedding the applicant No. 1 asked for gold ornaments and cash amount. The informant's father paid Rs. 15 lakhs in cash and 50 tola gold ornaments worth Rs. 8,38,000/-. On 04/06/2016 the informant and all others came to Kamothe after the wedding. The informant's father had kept wedding reception at Navi Mumbai. After that, the informant's sister in law i.e. applicants' daughter Shalu and her husband were leaving for Kerala. Shalu told the informant that for safety purpose, the informant should give those ornaments to her for keeping it in locker at Kerala. The informant's husband also told her the same thing. Therefore, the informant gave golden ornaments of 25 tolas to the applicants' daughter. The informant's husband i.e. the applicants' son left for kuwait. He came back in September 2016. He told the informant that he wanted to purchase a fat at Kuwait and for the purpose, he demanded remaining ornaments from the informant. The informant gave him those ornaments but he did not purchase fat in Kuwait. It is her case that the applicants' daughter told the informant's father to transfer the fat at Kamothe in the name of the applicants' son i.e. the informant's husband. The informant's parents refused to oblige. Thereafter, the applicants' son and daughter i.e. informant's husband and sister in law, started harassing her. It is mentioned in the FIR that the applicants' son gave those 25 tolas of golden ornaments to the applicant No. 2. The applicants' son fought with the informant. Both applicants passively watched this and instigated their son. On one occasion, though the informant was in need of medical treatment, she was taken to hospital which was far away and medical papers were torn by the applicants and their son. In 2018, when the informant became pregnant, all the accused including the applicants' daughter told the informant to take sex determination test for the child. She refused. On 11/1/2018 she gave birth to her son, but things did not improve. Both the applicants went back to Kerala and their son went to Kuwait. It is alleged that the informant was not taken to Kuwait. Since 2018, the applicants, their son and daughter did not keep in touch with the informant. On this basis the FIR is lodged.