Gita Gopi,J. - (1.)This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No.11210045211185 dated 25.02.2021 registered with Pandesara Police Station, Surat for the offences punishable under Section 306 of the Indian Penal Code.
(2.)Mr.N.D. Nanavaty, the learned senior advocate along with Mr.Kunal Shah, the learned advocate for the applicant, stated that there is a delay of 10 days in filing the complaint. The allegations against the applicant for the suicide of the daughter of the complainant is on the ground that the applicant had not handed over the original sale-deed and that he had threatened to circulate his daughter's photographs.
(3.)Mr.Nanavaty referring to the complaint submitted that the deceased had married to one Anand Sudam Patil 14 years ago, residing at District: Nandurbar, Ta: Shaahada, village: Sarangkheda and as the matrimonial relationship were under strain she had come down to her parents' home and was residing with her parents for the last 7 years. Mr.Nanavaty submitted that the deceased had come in contact with the present applicant and they were in love relation for last 6 years. As the applicant is a builder, the deceased has purchased a flat at Krishna Enclave, Flat No.-C/02/204 through him. Mr.Nanavaty submitted that the deceased got divorced on 08.02.2021 from her husband and thereafter, on 13.02.2021 she had left her parental house to reside in the flat of Krishna Enclave and on 15.02.2021, when she had not responded to the phone call of her brother Ankaj, Ankaj along with his friend Mukesh Ratilal Marathe went to the flat and since the door was locked from inside, they pushed open and found her hanging with the ceiling-fan. Mr.Nanavaty submitted that the deceased was under trauma and in the year 2016 she had tried to commit suicide by jumping in the Taapi river but, she was saved by a fisherman. Mr.Nanavaty submitted that there was no question of returning the sale-deed since the flat is under the ownership of the deceased. He further submitted that the complainant admitted love relation of the applicant with the deceased and there was no reason to threaten the deceased by circulating her photographs since that would rather had adverse effect on the applicant.