The Bombay High Court recently granted bail to a woman accused of killing her newborn child by throwing the baby from top of a building [Dimple Warthe v. State of Maharashtra & Amr.]

Justice MS Karnik noted that the applicant had been in custody for almost three years, and that the charge sheet had also been filed in the case. 

“The applicant is working as a house maid and she is in custody since more than 2 years and 11 months. The charge sheett has already been filed. No purpose will be served by prolonging the custody of the applicant – a woman any further. The possibility of the trial commencing any time soon in the near future is remote,” the Court observed. 

The judge permitted the woman to be released on bail after she furnishes ₹10,000 with bail bond surety.

The applicant had been booked by the Kandivali police station under Sections 317 (abandoning child under 12 years of age), 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code (IPC).

On December 5, 2019, the applicant had allegedly thrown her baby from the top of the building. The Court noted from the record that the applicant was upset with her husband. The applicant suspected that her husband was having illicit relations with another woman.

“This is an unfortunate case where the applicant delivered the child at about 2.30 pm and herself cut the umbilical cord with a knife. At the relevant time, she was residing with her sister in law,” the Court recorded. 

Advocates Shriganesh Sawalkar, Mumtaz Mulla, S Shinde and Rahul Bhise appeared for the applicant. Advocate SH Yadav appeared for the State.

References:

barandbench.com