Decided on March 21,2017

Ashok Sambhaji Giranje And Anr. Appellant


Mridula Bhatkar, J. - (1.) This application is filed by the applicant/accused for pre-arrest bail under section 438 of Criminal Procedure Code as the applicant/accused is prosecuted for the offences punishable under sections 304B, 498A, 306, 323, 504 and 506 r/w section 34 of the Indian Penal Code in C.R. No.71 of 2017 registered at Akluj Police Station, Solapur Rural. The applicant/accused No.l is the uncle of the husband of the deceased lady viz., Sonali Amol Giranje and applicant/accused No.2 is the paternal cousin of her husband. They are practising advocates from Solapur.
(2.) It is the case of the prosecution that the deceased Sonali got married with Amol on 22.4.2014. Initially, she was treated well in her house. However, she suffered stomach ache and the Doctor diagnosed that her one kidney was small. In between the co-accused i.e. the husband and her in-laws used to abuse and assault heron petty grounds for two years. As Sonali did not conceive for two years, she was blamed for the same. The co-accused and the applicant/ accused told her to bring Rs. 5 lakhs for purchasing a new Bolero car. The deceased Sonali narrated about her torture and harassment to her father. In July, 2016, she was admitted in hospital at Bhigwan. The complainant father went to see her. She informed him that her husband, father in law, the applicants/accused and her mother in law were suspicious about her character and assaulted her with kicks and fist blows and banged her head on the wall and therefore she was admitted in the hospital.
(3.) It is the case of the prosecution that applicant/accused No.2 has demanded sexual favour from her, which she refused. On 7.10.2016, they forced her to give a false complaint of rape against their relative Balaji Sudam Giranje. The mother of the deceased had noticed marks of assault on her body on the next day as she was sent to her maiden home. The husband and in laws of the deceased did not take her back. However, at that time, it was found that Sonali was pregnant. The notices were sent by the applicant/accused on 21.10.2016. The husband filed divorce petition at Barshi on 23.11.2016. Thereafter, the deceased remained quiet and she hanged herself and committed suicide on 12.2.2017. Pursuant thereto, offence was registered against the applicants/accused. Therefore, he applicants/accused tiled this application for re-arrest bail.;

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