SHAMBHU GAWDE Vs. STATE

JUDGEMENT

(1.) The present application is filed under Sec. 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail.

(2.) The Applicant is a resident of Chopdem, Pernem, Goa, who resides along with his mother, one sister and one brother who is married. The Applicant is presently unemployed and does not have any source of income. I am informed that despite this statement in the application, as on today, the Applicant does odd jobs outside the jurisdiction of Goa.

(3.) It is the case of the Applicant that he was having friendly relations with one girl resident of Chopdem, Goa, since February, 2019. In the year 2021, the Applicant informed his mother about his relationship with the said girl and had informed her that he wanted to get married to the said girl. At that time, the Applicant was informed by his mother that he should not have any relationship with the said girl till he starts earning for himself and is able to take care of the demands made by the said girl. It is thereafter the case of the Applicant that as per the advice of his mother he broke his ties with the said girl and stopped communicating with her since December, 2021 and also stayed away from her. Thereafter, on 27/4/2022, the Applicant was requested by the said girl to come to meet her in the District Hospital, Mapusa, as she was having some health issues with her stomach. Since the Applicant was aware of her health issues and due to their past friendly relationship, the Applicant, on humanitarian grounds, visited the said girl in the District Hospital, Mapusa. When he visited her, the said girl was alone and no other family members were present. It is at that time, that the Applicant learnt that the said girl had delivered a baby, which unfortunately expired during the process of delivery. The Applicant told the said girl that he would call her parents and her other family members to the hospital and inform them about the said incident to which the said girl totally disagreed and said that she was afraid of her family members. Despite this, the Applicant stayed with her in the hospital and assisted her and then also informed her family members of the said delivery.