* 1 * ABA.591.2011 15.7.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 591 OF 2011 Shashidhar Subbarao Kulhali .... Applicant V/S. The State of Maharashtra .... Respondent Mr. S.A. Ingawale, Advocate for the applicant. Mrs. P.H. Kantharia, APP for the respondent. CORAM :­ Smt. R.P. SondurBaldota, J. 15th July, 2011. P.C. :­ 1. This application for anticipatory bail is filed in connection with C.R. No. 33 of 2011 registered with Shahupuri Police Station, Kolhapur for the offences punishable under Sections 454, 380 read with 34 Indian Penal Code. 2. The brief facts of the case are that the applicant herein is the owner of Flat No. 306, B’ Wing in Rishabh Sidhi Apartment at ‘ Kolhapur which was given by him on leave and license basis for a period of 11 months in January, 2008. On 28th April, 2008 the complainant and his wife went to Tanjawar in the state of Tamil Nadu in connection with some work. He returned only in the month of * 2 * ABA.591.2011 15.7.2011 September, 2009 when he discovered that a person by name Rawan was residing in the flat and his own household articles including the gold ornaments, jeweleries and cash were missing from the flat. He therefore went to the police to lodge a complaint. But the police did not register his complaint. Therefore, he approached this Court by filing a writ petition. Later pursuant to the directions issued in the writ petition, the police registered a complaint vide C.R. No.33 of 2011. 3. The applicant claims that the household articles in the flat had infact been removed by one Indermal­nephew of the complainant. Thereafter, the applicant let out the flat to another person. 4. The investigation done so far indicates no incriminating material against the applicant. Perusal of the complaint shows that, the complainant has given a list of only the valuable articles like cash, gold ornaments and jeweleries. It does not state particulars of the other articles. It also does not state anywhere as to where were the valuable articles and the cash amount kept in the flat. Considering the facts of the case, prima­facie, it would be difficult to say that the applicant is concerned with the offence of theft. The learned counsel for the applicant, states that the applicant is an Electrical Engineer working with a Company by name WS Atkins. He has today furnished the complete residential address at Bangalore as also the address of his * 3 * ABA.591.2011 15.7.2011 Company. He is gainfully employed in Bangalore and has his immovable property at Kolhapur. Taking into consideration all the facts of the case, the application is allowed. In the event of the arrest of the applicant in C.R. No. 33 of 2011 registered with Shahupuri Police Station, Kolhapur, he be relased on anticipatory bail in the sum of Rs. 25,000/­ (Rs. Twenty Five Thousand only) with one or two solvent sureties in the like amount. The applicant shall attend Shahupuri Police Station, Kolhapur everyday for a period of one week starting from 18th July, 2011 between 11.00 a.m. to 2.00 p.m. and thereafter as and when required by the police. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any police officer. The applicant shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J]