GANESH NIDHANA PATHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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 Sec. 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 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 21/6/2020. 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 1/2 months and they came to the matrimonial home on 6/9/2021. 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 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 6/10/2021 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.