abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4097 OF 2007 Ganesh Goma Mhatre .. Applicant V/s State of Maharashtra .. Respondent Mr.K.S. Patil for the applicant. Mr.K.V. Saste, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 15TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant seeks anticipatory bail under section 438 of the Code of Criminal Procedure in connection with the crime registered against him with Panvel Town Police Station under C.R. No.I-463/2007 for an offence punishable under section 376 of I.P.C. 3. A complaint was lodged by Anita Jagannath - 2 - Bhandari against the applicant regarding the offence under section 376 of I.P.C. The complaint discloses that the applicant and the complainant were in love with each other and on the promise to marry the complainant, the applicant had sexual intercourse with her on several occasions. This relationship was going on for several years. Obviously, it appears that the sexual intercourse was with the consent of the complainant. It is claimed that the consent was obtained under false promise of marriage. 4. Taking into consideration the fact that the sexual intercourse was with the consent and this relationship was going on for several years prior to the date of the complaint, in my view, the applicant is entitled to bail. Hence, I pass the following order: ORDER ORDER ORDER In the event of the arrest of the applicant in connection with the crime bearing C.R. No.I-463/2007 registered with the Panvel Town Police Station, the applicant shall be released on bail on executing a personal bond of Rs.30,000/- together with two sureties of Rs.15,000/- each subject to the following conditions: (a) The applicant shall cooperate with the - 3 - investigation and attend the police station for interrogation and investigation everyday initially for a period of 10 days commencing from 16th January to 25th January 2008 between 5.00 and 7.00 p.m. and shall thereafter attend the concerned police station once a week for a period of 4 weeks on every Monday between 5.00 and 7.00 p.m. The applicant shall also attend the concerned police station as and when specifically summoned for interrogation. (b) The applicant shall not make any inducement nor give any threats to any of the prosecution witnesses and shall not in any manner tamper with the prosecution evidence. . Application is disposed of. (D.G. KARNIK, J.)