* 1 * BA-1383-2011 11. Nov. 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1383 OF 2011 Rahul Rangari ..... Applicant V/s. The State of Maharashtra ..... Respondent Mr. Milan Desai i/by. Mr. T.R. Patel, Advoate for the applicant. Mr. Sayeed Akhtar, Advocate for the respondent. CORAM :- Smt. R.P. SondurBaldota, J. 11th November, 2011. P.C. :- 1. The applicant herein was arrested on 17th June, 2011 by Charkop Police Station in connection with C.R. No. 176 of 2011 filed by his wife for the offences punishable under Sections 326, 324, 436 Indian Penal Code. The police have already filed final report and the case is numbered as C.C. No. 1598/PW/2011. The proceedings are pending before the learned Metropolitan Magistrate for committal of the case to the Sessions Court. 2. The applicant married the complainant 3 years back. For both of ½ them, it is a second marriage. As per the complaint, the applicant lost his job about 2 years back and got into the habit of drinking. He was not earning any money. He used to demand money from his wife who is earning. * 2 * BA-1383-2011 11. Nov. 2011 Whenever the wife refused to pay him the money, he used to assault her. This fact was told by the wife to her sister. The sister then called upon the applicant and reprimanded him for harassing the complainant. This upset the petitioner so much that on the same day, when the wife returned home at about 2.00 p.m. the applicant rushed at her and started assaulting her with a knife. She received injuries to her forehead, backside of the head and right thumb. In order to save herself, the wife rushed to the neighbors house. But the applicant dragged her back into the house and assaulted her with a stool. According to the complainant, she sustained serious injuries and had to be treated with 14 stitches on her head. It is the further complaint of the wife that while she was in the hospital for treatment, she received a telephone call from the applicant that he had set the house on fire. The wife was alarmed and called up her neighbour, one-Jayanti to check the house. Jayanti found out that the house was infact set on fire. The neighbours then somehow extinguished the fire. In the incident, one of the room was completely charred. 3. The applicant had earlier approached the Sessions Court seeking bail. The Sessions Court vide its order dated 9th August, 2011 rejected the application on the ground that there is prima-facie evidence against the applicant in respect of both the incidents i.e. the incident of assault and fire. The observations of the Sessions Court are borne out by the record. * 3 * BA-1383-2011 11. Nov. 2011 Considering the facts and circumstances of the case, in the opinion of this Court it would not be safe to release the applicant on bail as he would be a threat to the complainant. Hence, the application is dismissed. [SMT. R.P. SONDURBALDOTA, J]