Bombay High Court denies bail to brothers booked for claiming they can alter gender of fetuses

The Bombay High Court at Aurangabad recently denied bail to two brothers accused of assisting their father, an Ayurveda practitioner, in promoting illegal superstitions including claims of altering the gender of unborn children [Kailas Madhavrao Sonawale and anr v State of Maharashtra]..The Bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh emphasised that the case involved a social cause and that the oral evidence presented against the accused was sufficient to proceed with the trial. "The case involves a social cause, and the evidence on record, including the involvement of the applicants, cannot be ignored. Therefore, the powers under Section 482 of the Code of Criminal Procedure are not to be exercised in this case," the Court said..The case arose from an investigation launched in 2018 after a complaint was filed against the father, an Ayurveda practitioner who allegedly engaged in superstitious practices. The father not only claimed to help couples who were unable to conceive children but also asserted he could alter the gender of unborn children through medicine mixed with ash, promising male offspring to couples seeking a child, and offering relief from pain through rituals.A sting operation was carried out by social activist Ashwin Janardhan Bhagwat and his team, during which evidence was gathered implicating the family in these unlawful practices. Video recordings, witness testimonies and bank statements were presented to support the allegations..The defense argued that the two brothers, Kailas and Annasaheb Sonawale, were only managing their father’s business and had no involvement in the superstition-based practices. They further contended that there was no direct evidence linking them to the alleged crimes such as financial transactions or personal participation in the unlawful activities. They also stressed that the video recordings and statements did not conclusively prove their involvement..On the other hand, the prosecution opposed the bail plea, They argued that the evidence, including the sting operation footage and witness testimonies, clearly implicated the two accused. The prosecution pointed out that the brothers were involved in the management of the business and were aware of the illegal activities their father was conducting.Additionally, the prosecution emphasised that the charges under Sections 420 (cheating), 419 (impersonation), 468 (forgery), 471 (using forged documents) of the Indian Penal Code as well as Sections 2(2), 2(10), and 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, were serious offences affecting public welfare..The Court after considering the arguments denied bail to the accused.It said that in cases where individuals are aware they are engaging in unlawful activities, it is unlikely they would leave behind clear evidence or financial transactions. In such case, reliance must be placed on circumstantial and oral evidence, the Bench underscored."When the person knows that he is carrying out illegal activity, then he may not leave any piece of evidence against him. It is, therefore, less likely that there would be transactions through bank in this case. In such cases, we will have to rely on oral and circumstantial evidence," the Court said while dismissing the bail plea..Advocate RR Karpe appeared for Sonawale brothers.Additional Public Prosecutor P Gour appeared for State of Maharashtra.Advocate NB Narwade appeared for the complainant, Ashwin Janardhan Bhagwat..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.