(1) Criminal Application No. 3581 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3581 of 2011 Vishnu s/o. Padmakarrao Jadhav, Age : 29 years, Occupation : Agriculture, In Vyankatesh Nagar, Karegaon Road, Parbhani, District : Parbhani. .. Applicant. versus The State of Maharashtra, Through Police Station, New Mondha, Parbhani, Taluka & District : Parbhani. .. Respondent. ....................... Mr. Arvind S. Deshmukh, Advocate, for the applicant. Mr. B.V. Wagh, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 25TH AUGUST 2011 (2) Criminal Application No. 3581 of 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, as well as, heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest in connection with Crime No. 152/2011, registered at Nawa Mondha Police Station at Parbhani, for the offences punishable under Sections 376, 366, 313, 323, 506 of Indian Penal Code, and also under Sectgions 3(1)(xi) and 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. It appears that the offence has been registered on the basis of the complaint lodged by the prosecutrix, namely, Ms. Rachana Wamanrao Pathebahadur, on 25-7-2011. It appears from the contents of the complaint, that she came into contact with the complainant in the year 2003 and at that time, her age was about 17 years and since then, love affair of the applicant and complainant commenced with. It is alleged that the applicant herein gave false promise to the complainant and on that pretext kept physical relations with her. It also appears that the applicant and the complainant also stayed in lodge and the applicant (3) Criminal Application No. 3581 of 2011 allegedly promised her that he would give one site at Kannad to her and on the said false promise, kept physical relations with her. It is also alleged that both of them stayed at Amardeep Hotel and there also, they had physical relations with each other. It is further alleged that the applicant and complainant had visited Tirupati Balaji and stayed in a lodge at Hyderabad, and performed marriage with each other which was witnessed by one Pandit. It is further recited in the said complaint, that both of them resided in a lodge at Hingoli Naka, and there also, they had physical relations with each other. The said complaint further recites that the complainant's fetus was aborted twice. Accordingly, it is grievance of the complainant, that the applicant gave false promise of marriage to the complainant and on that pretext, kept physical relations with her and also humiliated by abusing her on caste and assaulted her and gave threats that she would be killed if she would disclose their affair to her parents. 4. Apparently, the alleged love affair between the complainant and the applicant continued for about 8 years i.e. from 2003 to 2011 and as per contention of the complainant hereself, she was of 17 years old in the year 2003. Moreover, it also appears that the complainant visited different places along with the applicant and stayed at different places with him, as mentioned above, and had kept physical relations with the (4) Criminal Application No. 3581 of 2011 applicant, may be on the alleged false promise given by the applicant in respect of the marriage. Apparently, it appears that the complainant was consenting party to the said physical relations. 5. Moreover, the investigation papers contain photo copy of the birth certificate of the complainant which discloses her date of birth as 28th October 1985, which indicates that the age of the complainant in the year 2003 was about 18 years. Hence, in the light of the aforesaid facts, and considering accusations made against the applicant, apparently, it appears that there is no necessity of custodial interrogation of the applicant for further progress in the investigation, and hence, applicant can be granted pre-arrest bail, but on conditions as mentioned herein below. 6. In the result, present Criminal Application is allowed, and it is directed that in the event of arrest of the applicant, in connection with Crime No. 152/2011, registered at Nawa Mondha Police Station at Parbhani, he be released on bail, on furnishing P.R. Bond in the sum of Rs. 15,000/- [Rupees fifteen thousand] and one surety in the like amount, on the conditions, (i) applicant shall give attendance before the concerned investigator, once in a week on every Friday between 05.00 p.m. to 07.00 p.m., till filing of the charge sheet, and cooperate in the (5) Criminal Application No. 3581 of 2011 investigation, and (ii) applicant shall not influence upon witnesses and / or tamper with the evidence, in any manner, whatsoever, directly or indirectly, and present Criminal Application stands disposed of finally. 7. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 8. Parties to act upon authenticated copy of this order duly certified by Court Shirastedar. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/3581ka