1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO. 4545 OF 2009 Manju Ravindra Vishwakarma .... Applicant. V/s The State of Maharashtra ..... Respondent. Mrs Snehal Khairnar with Mr. Sadanand Shetty for the applicant. Mrs. M.R. Tidake, APP for the State. CORAM: V.M. KANADE, J. DATE : 4TH NOVEMBER, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant apprehends arrest in connection with the complaint dated 12/9/2009 lodged at D.N. Nagar Police Station for the offence punishable under section 380 of the Indian Penal Code. It is alleged in the complaint that the complainant was in her house and, at that time, applicant came to her house and met her at about 11.30 a.m. At that time, complainant’s husband 2 was not in the house. However, her mother-in-law and daughter were present in the house. It is the case of complainant that she had kept her Mangalsutra worth Rs 60,000/- on the refrigerator and she was in the kitchen. It is the case of the complainant that, thereafter, she realized that the Mangalsutra was missing and she suspected that the applicant who was residing in the said building had taken away her Mangalsutra which was lying on the refrigerator. 3. Counsel for the applicant submits that the said complaint has been lodged on mere suspicion and, apart from the applicant, the mother-in-law and daughter of the complainant were present in the house and, thereafter, a person from ICICI Bank had come to collect payment of credit card on behalf of the Bank and upon his arrival, applicant left the place. 4. Taking into consideration these facts and circumstances, in my view, prima facie case is made out by the applicant for grant of anticipatory bail. In the complaint itself, it has been mentioned that the mother-in-law and daughter who were the first informants were present in the house and apart from the applicant, one other person had also visited her house. The custodial interrogation of the applicant, therefore, under 3 these circumstances, in my view, is not necessary. Applicant is residing in the same building and she had visited the house of the complainant on her invitation. Apart from mere suspicion, there is no other material to indicate that the applicant had committed the said offence. 5. Applicant, therefore, in the event of her arrest in connection with the offence punishable under section 380 of the Indian Penal Code which has been registered with D.N. Nagar Police Station vide C.R. No.329 of 2009, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to the concerned Police Station for a period of two days from 9/11/2009 between 11 a.m. to 1 p.m. 6. Application is disposed of. (V.M. KANADE, J.)