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Husband Killed After Exposing Wife Affair: Bombay High Court Refuses Bail After CCTV Shows Couple Carrying Victim on Scooty

Court Refuses Bail Husband Killed Exposing Wife Affair

A simple working man, Gopal Naik, lost his life after confronting his wife affair, showing once again how husbands remain unprotected. Bombay High Court denied bail after CCTV showed the wife and her partner carrying his body on a scooty.

Husband Killed Exposing Wife Affair: The Bombay High Court refused to grant bail to Mahesh Govind Karale, who was accused in a serious murder case linked with Crime No. 329/2018 at Kasarvadavali Police Station, Thane.

The case involves Sections 302, 328, 120-B read with Section 34 of the IPC. The order was passed by Justice Sandeep K. Shinde after hearing both sides.

The Court noted that the applicant, Mahesh Karale, and the main accused Priya were allegedly in a relationship for around six months. The victim, Gopal Naik, worked as a sweeper with the Municipal Corporation and lived with his wife Priya and their daughter in the municipal quarters.

On 29 December, at around 4:15 a.m., he was brought to the Civil Hospital and was declared dead before admission. The people who brought him were later identified as Priya and the applicant. They immediately left the hospital after filling out Gopal’s details and telling the hospital staff “that he met with an accident.”

Later, the post-mortem revealed that the cause of death was blunt force trauma to the head. Because of the suspicious circumstances, the hospital informed the police. When the police reached Gopal’s house, they found the minor daughter alone, bloodstains on the floor, and signs that someone tried to clean the spot.

The police tried tracking Priya and the applicant, but both their mobile phones were switched off. Relatives and neighbours told the police that Gopal had found out about the affair between Priya and the applicant, which caused frequent fights at home.

The defence argued that even if it is assumed (without admitting) that the applicant had a relationship with Priya, there was no proof that he participated in any conspiracy or assault. The counsel pointed out that the daughter and the neighbour did not see the applicant in the flat that night and that if an assault had happened inside the house, the child would have noticed. The defence insisted that the prosecution had falsely implicated the applicant only because of the alleged affair. They also said that the applicant was in custody since 2018, had no past criminal record, and being a permanent resident of Karjat, he could attend the trial regularly.

However, the State strongly opposed the bail. The prosecution said the entire case may be based on circumstantial evidence, but the chain of events was very clear and directly pointed to the applicant’s role.

According to the State, the evidence suggested that the applicant and Priya had a criminal plan after Gopal came to know about their affair. The prosecution argued that the circumstances clearly indicated that the applicant acted together with Priya “to eliminate deceased Gopal, who had found about his affair with accused no.1.”

After examining the charge-sheet, the Court said that electronic evidence such as CCTV footage played a major role. One CCTV video and its panchnama showed that on the night of the incident, the body of Gopal was taken out of the flat on a scooty, which was driven by the applicant with Priya sitting behind. The neighbour identified both persons from the footage.

Another CCTV footage from the Civil Hospital showed both of them arriving together and leaving together on the same scooty. The Court observed that this evidence clearly suggested the applicant’s involvement.

The Court also referred to the Call Detail Records (CDR), which showed that the applicant was in Kalwa at the relevant time and was with Priya. Further, the behaviour of both accused – disappearing immediately after the incident – was considered suspicious and important.

Considering all these points, the Court held that the evidence was strong and the crime was of very serious nature, punishable with life imprisonment or even death.

Therefore, the Court rejected the bail application. The Court also clarified that the observations were made only for deciding bail and should not affect the future trial, saying:

 “Observations made here-in-above be construed as expression of opinion for the purpose of bail only and the same shall not in any way influence the trial in other proceedings.”

Court Refuses Bail Husband Killed Exposing Wife Affair

Explanatory Table Of All Laws & Sections Mentioned In The Case

Law / SectionActMeaning in Simple Indian EnglishRelevance to This Case
Section 302Indian Penal Code (IPC)Punishment for murder. Maximum penalty: death or life imprisonment.Applied because the husband, Gopal, died due to blunt force trauma (not accident).
Section 328IPCCausing hurt by poison or harmful substances to make someone helpless.Added because prosecution suspected the husband may have been drugged or incapacitated before the attack.
Section 120-BIPCCriminal conspiracy—when two or more people plan a crime together.Used because the wife Priya and her paramour allegedly conspired to eliminate Gopal.
Section 34IPCActs done by several persons with common intention.Adds joint liability to both accused since evidence showed they acted together.
Crime No. 329/2018Police FIRThe specific FIR number at Kasarvadavali Police Station, Thane.Identifies the exact case where murder and conspiracy charges were registered.
Bail Application No. 635 of 2021Bombay High CourtApplication filed by the accused seeking release from custody during trial.This bail application was rejected due to strong circumstantial evidence.

Case Summary

Crime Details

Advocates / Counsels

For the Applicant (Accused)

For the State of Maharashtra

Police

Bench

Key Fact Findings By The Court

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