Bombay HC : No advance bail for bizman accused of dowry harassment – TOI
No advance bail for bizman accused of dowry harassment
MUMBAI: The Bombay high court dismissed a pre-arrest bail application filed by a city based businessman accused by his wife and business partner of dowry harassment.
Ganesh Shetty who along with his wife had started a call centre in Andheri, had claimed that there was no need for custodial interrogation in a matrimonial dispute case.Justice Ajay Gadkari rejected the contention, stating that Shetty had failed to produce the stridhan or details of the money that he had allegedly siphoned off from the company .
“For recovery of the ornaments and stridhan mentioned in the FIR and to unearth facts behind siphoning of funds of the joint account of the company , Shetty’s custodial interrogation is necessary ,” said Justice Gadkari. “After taking into consideration serious allegations against Shetty and his non-cooperation with the investigating agency … disentitles him for protection of pre-arrest bail” the judge said.
Shetty and Seema married in 2011 and founded the call centre. The couple opened a joint bank account. According to Seema, her husband siphoned off substantial company funds without her know ledge. She alleged that due to psychological harassment by Shetty when she was pregnant, she suffered a miscarriage. The complaint also said Shetty abused her and failed to provide money for daily expenses. Two non-cognizable complaints were filed in 2015 and 2016 after she was allegedly assaulted. Seema then filed an FIR at DN Nagar police station, accusing Shetty of dowry harassment and criminal intimidation and alleged that he had taken away her stridhan.
In August 2016, the high court granted interim pro court granted interim pro tection to Shetty and asked him to regularly attend the police station in connection with the pro be. The court also appointed a mediator to explore possibility of reconciliation between the couple, but it failed.
When the matter came up for hearing, Shetty’s lawyers said that Seema took away the stridhan and blamed her for failure in reconciliation. Additional public prosecutor Jyoti Lokhare told the court that Shetty remained present at the police station but did not cooperate with the probe.
The court dismissed the anticipatory bail application, but said that the interim protection from arrest would continue to operate for another two weeks.