The Additional Sessions Court, Mapusa has granted bail to a father-son duo, who were arrested in connection with the alleged dowry-related suicide.
Anil Rathod and his father Kushelappa Rathod had been in judicial custody since March following their arrests by Mandrem police under Section 80(2) read with 3(5) of the Bharatiya Nyaya Sanhita.
As per case details, Anita, married to Anil, was found hanging in her matrimonial home in February this year, less than seven years after her marriage.
The prosecution had strongly opposed the bail, contending that the victim was subjected to cruelty and harassment for dowry, and pointing to call records, witness statements and injuries found on her body. Public Prosecutor R Barreto argued that there were doubts about whether Anita’s death was a suicide or staged. He also apprehended that releasing the accused risked tampering with evidence.
The victim’s father, Dhansingha Lamani, an intervener in the case, also opposed bail, alleging that his daughter was murdered. He too pointed at her desperate phone call shortly before she died, wherein she pleaded to save her.
Defence counsel R Dessai argued that the accused were falsely implicated, highlighting inconsistencies in statements and lack of specific dowry demand in the charge sheet. He further submitted that Anil’s minor daughter was without parental care and that Kushelappa suffered from health issues.
Judge Apurva Nagvenkar, while allowing their bail pleas, observed that the investigating officer did not specify the steps taken on the murder allegation.
“For the time being, the Court will have to go with the material on record that when the incident occurred, the victim was alone in the room. If in future, the investigating officer produces further material on record in support of the allegation made by the complainant that the victim was murdered, then the prosecution will be at liberty to take necessary steps,” reads the order.
The Court also stated that there are no eyewitnesses and that the evidence is circumstantial in nature. Moreover, the minor child of the victim and Anil requires care and attention for her healthy growth and development. As such, the accused were allowed conditional bail with directions to furnish sureties, appear before the court as required, and not tamper with witnesses among other conditions.
