GAYATRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. The matter is taken up for its finality on merit with the consent of both sides.

(2.) This appeal is directed against the impugned Order of rebuffing the relief of pre-arrest bail of the appellants in Crime No. 53 of 2019 registered with Pundaliknagar Police Station, Aurangabad, under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code (IPC) and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, referred to as "Act of 1989", for the sake of brevity). The appellants-accused preferred the present appeal by invoking remedy under Section 14-A(2) of the Act of 1989.

(3.) The prosecution case in short compass is that on 05-02- 2019, complainant - Anita Akash Sonawane, resident of Bharatnagar, Garkheda Parisar, Aurangabad, approached to the Police of Pundaliknagar Police Station, Aurangabad, District Aurangabad and ventilated the grievance that she was married with one Gokul Rangnath Adsule, resident of Gangapur, District Aurangabad, as per customary rites. But, there was marital discord between the spouses which resulted into dissolution of marital relationship of first informant and her husband Gokul. It has been contended that meanwhile, the first informant came in contact with one Akash Baburao Sonawane, son of the appellants No.2 and 3. There was love affairs developed in between the first informant and Akash and consequently they performed marriage on 28-08-2018. After marriage, first informant joined the company of husband - Akash. Appellants No.2 and 3 are the in-laws, whereas, appellant No.1 is the sister-in-law of respondent No.2-first informant. It has been alleged that initially for about 2-3 months of the marriage all things were normal, but thereafter, first informant was maltreated and harassed by her husband and appellants for unlawful demand of money. They used to insult and humiliate the first informant by scolding her that she was belonging from lower caste. The first informant also cast allegations about beating and abusing by husband. The marital discord between spouses resulted into lodging the report for penal action against appellants under Section 498-A, 323, etc. of the IPC and Section 3(1)(x) of the Act of 1989 by the respondent No.2-first informant.