1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 389 of 2008 CRIMINAL APPLICATION NO. 389 of 2008 CRIMINAL APPLICATION NO. 389 of 2008 Mukesh L. Dedhia .. Applicant versus State of Maharashtra .. Respondent W I T H CRIMINAL APPLICATION NO. 390 of 2008 CRIMINAL APPLICATION NO. 390 of 2008 CRIMINAL APPLICATION NO. 390 of 2008 i) Rajesh Lakshmichand Dedhia ii) Smt.Beena Rajesh Dedhia iii)Atul Lakhsmichand Dedhia iv) Dr.Karuna Atul Dedhia .. Applicants versus State of Maharashtra .. Respondent ... Mr.A.P. Mundargi i/b Madhukar Dalvifor the applicants. Mr.K.V. Saste APP for the State. Mr.Prakash Naik for original complainant. CORAM : D.G.KARNIK, J DATED : 5th March 2008 P.C.: 1. Heard. 2. Criminal Application no.389/08 is filed by 2 the husband of the complainant and Criminal Application 390/08 has been filed by two brothers of the husband of the complainant and their wives. Since they are all co-accused their applications are disposed of by this common order. 3. Mrs.Rita M. Dedhia (hereinafter referred to as "the complainant") filed the First Information Report which is registered as Crime No.48 of 2008 by Matunga Police station on 31st January 2008 for offence punishable u/s.498-A r/w section 34 of the Indian Penal Code. 4. The complainant was married to Mukesh on 31st March 2000. Two children have been born to her from the said wedlock. It appears that the marriage has turned sour for the last couple of years. Complaints alleging commission of non cognizable offences have been registered by the complainant against her husband and vice-a-versa. Finally on 31st January 2008, FIR was lodged by the complainant alleging that she is being harassed physically as well as mentally on the ground that proper honours was not done in the marriage and also requiring her to bring money from her parents. No specific instances of physical assault are mentioned in the FIR and there is no medical evidence whatsoever 3 regarding any assault. Apart from the allegations that complainant was asked to bring money from her parents she has also alleged that there has been a misappropriation of her streedhan ornaments. 5. No offence punishable u/s.406 appears to have been registered. I would assume that such offence may be added, if disclosed during the course of investigation. It may be noted that the FIR does not give even the list of streedhan ornaments which are alleged to have been misappropriated much less is there any proof of the fact that they are streedhan ornaments. The allegation regarding mental harassment are too general like the husband coming home late at night, not giving enough money for spending and filing false complaints with the police. 6. The alleged offence u/s.498-A is punishable with imprisonment for three years and is not punishable with either death or even imprisonment for life or even imprisonment for over three years. 7. There is no material regarding the alleged harassment at the instance of brothers-in- law of the complainant and their wives. They are living separately though in the same building. There appears to be an attempt to rope in all the members 4 of the family. 8. In the circumstances, taking an overall view, the applicants can be granted bail subject to certain conditions regarding the co-operation for the purpose of investigation into the alleged offence. Hence, I pass the following order:- O R D E R O R D E R O R D E R . In the event of arrest of any of the applicants, each of them shall be released on bail on personal bond of Rs.25,000/- with one surety of the like amount subject to the following conditions:- i) The applicant in 389 of 2008 i.e.Mukesh L. Dedhia shall attend the police station for the purpose of interrogation twice a week on Monday and Thursday between 10 a.m. to 1.00 p.m. for a period of four weeks and the applicants in 390 of 2008 would appear in the concerned police station once a week on Monday between 10.00 a.m. to 1.00 p.m. for investigation for a period of four weeks. ii) The applicants shall not directly or indirectly make an inducement or threats to any of 5 the prosecution witnesses and shall not in any way interfere with the investigation. iii) This order shall come to an end after the charge sheet is filed whereupon the applicants, if they so desire, may apply to the court for regular bail. If such an application is made, the Court shall consider it on its own merits without being in any way influenced by any of the observations made herein. (D.G. KARNIK, J)