IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1107 OF 2009 CRIMINAL APPLICATION NO. 1107 OF 2009 CRIMINAL APPLICATION NO. 1107 OF 2009 Shri Arjun Maruti Kamble ...Applicant vs. The State of Maharashtra ...Respondent Mr.Kamalesh Mali and Mr.Pawan Mali for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 24, 2009 DATED : MARCH 24, 2009 DATED : MARCH 24, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application for anticipatory bail. 2. A private complaint has been lodged against the present applicant in which it is alleged that the applicant had committed rape on the complainant. 3. Counsel for the applicant submits that the prosecutrix is the maternal cousin of the applicant and after the death of her husband, the prosecutrix was residing with the applicant as his second wife. However, thereafter, the differences arose between the two parties, therefore, the applicant filed a civil dispute and sought an order of injunction against the - 2 - complainant and her children. It is submitted that thereafter, a complaint was filed on 8th January, 2007 alleging that the applicant had threatened the complainant and had assaulted her. Thereafter, a second private complaint was filed by the complainant on 21st February, 2007 in which it was alleged that the applicant had defamed the complainant by making a statement in the affidavit that the complainant/prosecutrix was kept wife/mistress and therefore, a complaint under Section 500 of the IPC was filed and a compensation of Rs.5 lakhs was demanded. Thereafter, the third complaint has been filed by the complainant/prosecutrix on 21st February, 2007 in which the allegations have been made that the applicant kidnapped the prosecutrix, took her to his house and committed rape on 2-3 occasions on 31st August, 2006. 4. It is submitted that the said complaint is patently false as a counterblast on account of civil dispute raised by the present applicant. It is secondly submitted that the prosecutrix, in a complaint filed by her daughter against her daughter’s husband, had made a - 3 - statement on oath wherein she had admitted that the present applicant is her second husband. It was further submitted that even in a NC complaint which was lodged by the complainant in 2002, she has stated that she is the maternal cousin of the applicant and kept wife. Copies of the said deposition and complaint is annexed to the present application. 5. In my view, prima facie case is made out for grant of anticipatory bail. It is obvious that no allegation of rape was made in the first complaint which was filed in January 2007, no allegation is made of rape in the second complaint which is filed by the complainant in February 2007 and for the first time, it is alleged that the applicant committed rape when the third complaint which was filed on 21.2.2007. Further taking into consideration the prosecutrix’s own statement that she was the second wife of the applicant, the allegation of rape, therefore, does not have any substance. Taking into consideration these admitted facts and circumstances, the applicant has made out a case for grant of anticipatory bail. Even otherwise, - 4 - the applicant is a retired police officer who is 64 years of age. Custodial interrogation, under these circumstances, in my view, is not necessary. 6. The applicant, therefore, be released on bail, in the event of his arrest in connection with C.C.No.166/2007 pending in the court of 4th Joint CJJD and JMFC, Ulhasnagar, under Sections 323, 377, 337, 342, 354, 365, 376 of the IPC, in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant shall co-operate with the police and shall report to the concerned police station as and when called. 7. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)