1 1 1 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.1847 OF 2009 Shivanand Nemanna Kattikar .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Rahul Kulkarni for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 27TH APRIL, 2009. DATED : 27TH APRIL, 2009. DATED : 27TH APRIL, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.58 of 2009 of Shivaji Nagar police station. The said crime has been registered against the applicant for having allegedly committed an offence punishable under section 376 of IPC. 3. I have perused the FIR and the order passed by the learned Sessions Judge dated 8.4.2009 rejecting the applcant’s prayer for anticipatory bail. It appears that the applicant and the prosecutrix were knowing each other and they had gone to Kolhapur on 18.2.2009. The alleged incident occurred on the same day. The prosecutrix is a petition writer in the court. Even her father was working as a petition writer in the court at Kurundwad. The prosecutrix and 2 2 2 the applicant had gone to Kolhapur to show the papers of property to some lawyer. Though the incident of rape occurred on 12.2.2009, the prosecutrix lodged the complaint on 30.3.2009. No satisfactory explanation has been given by the prosecutrix for the delay in lodging the FIR. Except the statements of witnesses stating that they had seen them together, there is no material on record such as medical evidence in support of the allegation of rape. Having considered overall facts and circumstances of the case, I am satisfied that the custodial interrogation in such case would not be necessary. Hence the following order: . In the event of arrest, the applicant be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount subject to the conditions stipulated in sub-section (2) of section 438 of the Code of Criminal Procedure. Further, the applicant is directed to report to the concerned police station on every Wednesday and Saturday between 6 pm and 7 pm for a period of 90 days from today or till filing of the charge sheet, whichever is earlier. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)