1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1982 OF 2010 Raisa Shaikh Lal Nadaf, Age-31 years, Occu-Service, R/o.Police Line, Osmanabad, Tq. and Dist. Osmanabad APPLICANT VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Osmanabad, 3. Police Inspector, Osmanabad City Police Station, Osmanabad. RESPONDENTS Mr.A.S.More, learned counsel for applicant. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 15/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for her release on anticipatory bail, in the event of her arrest in connection with CR No.92/2010, registered in City Police Station, Osmanabad, for the offence punishable u/s. 452,323, 506 of IPC. 2. It appears that when the application was moved during the vacation, the applicant was protected by way of interim order dated 2 26/05/2010. 3. Heard learned counsel for applicant followed by the submissions of learned APP for State. Also perused the papers of investigation till carried out. It appears from the complaint that the complaint was lodged by the husband of one Sima Bade, who is working as Police Constable and is attached to the Police Head Quarter, who is residing in the police line, in the service quarter, provided to her. Complainant is residing with his wife Seema in the said service quarter. The applicant is the colleague of Sima, who is working as Police Constable (W.P.C.) in the same police station. It is alleged that there are lesbian relationship between the said Sima and applicant and for that purpose, applicant frequently used to visit the service quarter occupied by the complainant. It appears from the complaint that this relation between the Seema and applicant are with free consent. It is alleged that on the date of incident, inspite of prohibition by the complainant, applicant entered in the house and maintained the relation with his wife Seema and when tried to protest, applicant has threatened the complainant, hence the offence came to be registered. 4. On clear reading of the ingredients of section 452 of The IPC, apparently on the face of it, these allegations do not cover under the ingredients of section 452 of The IPC, as for the entry of the applicant, in the service quarter occupied by Seema, she has no objection and she has allowed the applicant to enter in the house and 3 for the further incident. In the premise, considering the overall effect of the allegations in the complaint, as alleged by the complainant, a case is made out. Hence order : O R D E R 1. Application is allowed. 2. Interim protection granted to the applicant vide order dated 26/05/2010, is hereby confirmed till filing of charge sheet. 3. Applicant to co-operate the investigation agency and to attend the City Police Station, Osmanabad whenever required by the I.O. concerned on written request. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1982-10