1 BA-1775-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1775 OF 2011 Ms. Kalyani Ramchandra Karanjule @ Sou. Kalyani Shailesh Sarode ... Applicant vs. State of Maharashtra ... Respondent Mr. P.D. Dalvi,Advocate, for the applicant. Mrs. R.V.Newton, APP for the respondent – State. Ms. M.Adenwalla, Counsel for the Childline India Foundation present in Court. Mr. B.A. Shaikh, API, Kalamboli Police Station present in Court. CORAM: J.H.BHATIA,J. DATE : 28th November, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.125/2011 registered with Kalamboli Police Station under Sections 307, 376, 377, 324, 354,323, 467, 468, 471,109 and 114 of IPC. 2. The offence is registered on a report lodged by one Nila Girish Tulpule, advocate and social worker. She is also President of Balkalyan Samiti, Raigad. The present applicant is the President of Kalyani Mahila and Balkalyan Seva Sanstha situated at CIDCO, Panvel. Her father Ramchandra and mother 2 BA-1775-11.sxw Surekha are Manager and Superintendent of the said Institution. During a visit to the said Institution, it was revealed that out of 19 mentally challenged girls, who were inmates of the Institution, five were physically and sexually harassed and exploited. On the basis of that report, initially, the offence was registered under Sections 376, 109 and 114 of IPC, after investigation several other provisions of IPC were invoked. The learned APP informs that at a later stage, Section 372 of IPC has also been invoked. 3. The learned Counsel for the applicant pointed out from the statements of the girls who were allegedly physically and sexually exploited, that the said girls have made allegations against the accused Ramchandra, who is father of the applicant. There is no allegation against the present applicant, who herself is a young lady aged about 22 years. Her mother, who was Superintendent of the Institution, has been granted bail. 4. Looking to the facts and circumstances of the case and the statements of the girls, firstly, there is no material on the basis of which Section 372 of IPC could be invoked. Section 376(c) is applicable only to Ramchandra, who is father of the applicant. There is no serious allegation against the present applicant. The only charge against her is that as a President of the Institution, she had failed to 3 BA-1775-11.sxw protect the interest of the girls. For that purpose, administrative action can be taken, but that cannot be a ground to refuse bail to the applicant. 5. Therefore, the applicant be released on her executing P.R. of Rs. 15,000/- with a surety in the like amount with condition that she shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)