DNYANESHWAR WAMAN MANDOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. The present appeal is taken up for final hearing on merit with the consent of both sides.

(2.) The appellants preferred present appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (Hereinafter, referred to as, Act of 1989 , for the sake of brevity) for the relief of pre-arrest bail in Crime No. 129 of 2015 registered at Dhule City Police Station, District Dhule, under Sections 498-A, 323, 504, 506, 406, 313, 417 and 494 read with Section 34 of the Indian Penal Code (for short IPC ) and under Section 3(1)(x) of the Act of 1989. The appellants-accused agitated the validity and propriety of the impugned orders dated 01-03-2019 and 16-05-2019, rendered by the learned Additional Sessions Judge, Dhule, rebuffing the relief of anticipatory bail in Criminal Bail Applications No. 129 and 387 of 2019, in the aforesaid crime.

(3.) It has been alleged on behalf of prosecution that complainant Sau. Jyoti Nitin Mandole filed the private complaint bearing Criminal Misc. Application No. 1256 of 2015 for the relief to issue process against so-called accused under Sections 498-A, 323, 504, 506, 406, 313, 417 and 494 read with Section 34 of IPC and under Section 3(1) (x) of the Act of 1989. The learned Magistrate appreciated the allegations nurtured on behalf of complainant and transmitted the matter to the concerned Police for investigation under Section 156(3) of the Cr.P.C. Pursuant to directions from the learned Magistrate, the Police of Dhule City Police Station, Dhule registered the Crime No. 129 of 2015 and swung into action. According to complainant, she is from Adivasi Pardhi community and highly educated lady. The accused-husband is from Dhobi community and their inter-caste marriage was performed on 23-11-2007. After the marriage, the complainant- wife joined company of husband - Nitin for cohabitation. Initially, she received proper treatment from husband and other inmates of matrimonial home. It has been alleged that husband - Nitin was hot tampered person and when these spouses were at Wardha that time complainant herself tolerated the ill-natured behaviour and cohabited with the husband - Nitin for better future of marital life. However, in the year 2007, the complainant met with an accident at Wardha and sustained fracture injuries to his leg. The surgery was performed on the complainant for the injuries received in the mishap. The economic condition of husband became worsened and therefore he started ill-treatment and harassment to the wife. The other accused were also not satisfied with the marriage of the spouses. They all used to scold and torture her on account of caste etc. There were mental and physical cruelty to the complainant from the husband and his relatives as well as friends. Due to financial crises, spouses came to reside at Dhule, but the accused were not happy with the complainant. Meanwhile, the complainant became pregnant, but, the accused forced her for abortion. The husband joined the services at Mumbai, but, he did not allow the complainant-wife for cohabitation with him at Mumbai. The inlaws and other inmates of matrimonial home subjected her mental and physical cruelty. On 27-05-2014, the complainantwife met with husband at JJ Hospital, Mumbai, but, she was not allowed to enter into the House. The husband abused on account of her caste. There were an attempt to demand Rs.15 Lakhs to purchase flat at Mumbai, from the complainant if she is interested for cohabitation with the husband. There was beating and abusing to the complainant. The accused also gave threat of life to her. Eventually, complainant made endeavour to file report to the Police, but, found unavailing. At last, she approached to the Court of Magistrate for justice and filed the private complaint.