BARC hospital doctor, parents get pre-arrest bail in cruelty case

Doctor from BARC hospital granted anticipatory bail along with parents in assault case by Mumbai court. Allegations of cruelty and unnatural sex with wife.

MUMBAI: The sessions court on Thursday granted anticipatory bail to a 41-year-old doctor from Bhabha Atomic Research Centre (BARC) hospital in Kurla and his parents, who were accused of assaulting and abusing the wife of the doctor.

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The doctor was also accused of committing unnatural sex with his wife. “The allegations against the applicant (doctor) are very serious, very clear and specific. They prima facie constitute cruelty. It is settled legal position that for relations between husband-and-wife section 377 (unnatural offence) of the Indian Penal Code, 1860 is not attracted,” said additional sessions judge Dr Gauri Kawdikar, adding that the applicant was a government employee and thus there was no possibility of him fleeing from justice.

The court further directed the applicants (doctor and his parents) to execute a personal bond of ₹20,000 each with one or two surety/sureties in the same amount.

According to the First Information Report (FIR), the complainant married the doctor in 2005 and had two children. The complainant alleged that her husband harassed her, taunted her and used derogatory words. She further alleged that her husband and his parents assaulted and abused the complainant, pressuring her to get money from her parents.

It was the complainant’s contention that her husband had an affair and under the influence of alcohol often burnt her with cigarette butts. According to the wife, in February 2023, Kadam also had unnatural sex with her, threatening to send her to a brothel if she refused.

The advocate representing the accused contended that the doctor’s parents lived in Nashik and that they had neither ill-treated the complainant nor had they demanded any dowry. He added that there were no criminal antecedents attributed to the doctor and his parents.

Vehemently refuting the submissions made by the advocate for the accused, the public prosecutor stated that the investigation was still at the primary stage and that if the applicants (the doctor and his parents) were granted anticipatory bail, they might pressurise the complainant, tamper investigation and hinder the investigation.