1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5277 OF 2009 1.Vinod Shankar Sutar 2.Bhargav Shankar Sutar 3.Mangal Bhimrao Ghule ....Applicants Vs. The State of Maharashtra ....Respondent ----- Shri Y.A. Sakhare i/b. M/s. YKS Legal for Applicants Mrs.M.R. Tidake - APP for State. ---- CORAM: V.M. KANADE J. DATED: 26TH NOVEMBER, 2009 P.C. 1. Heard the learned Counsel for the Applicants and the learned APP for the State. 2. The Applicants apprehend arrest in connection with a complaint filed by the wife of the Applicant No.1 for the offence punishable under sections 498-A, 406, 409 r/w. 34 of the Indian Penal Code. 3. It is alleged by the Complainant that the Applicant No.1 after he was transferred to Ichalkaranji from Kolhapur, developed illicit 1 relations with the Applicant No.3 and took away jewellery of the Complainant consisting of one gold ring and one ear ring. The Applicant No.1 and the Applicant No.3 are working in the police department. The Applicant No.2 is the brother of the Applicant No. 1. I have perused the complaint dated 23.10.2009. The only allegation of cruelty is that the Complainant suspected that the Applicant No.1 has secretly married with the Applicant No.3. 4. So far as the gold ornaments are concerned, the learned Counsel for the Applicants submits that the Applicant No.1 is ready to hand over the said articles to the Complainant. He submitted that the false complaint has been lodged merely on the suspicion. Therefore, ingredients under the provisions of sections 498A, 406 are not attracted to the present case. He submitted that if the Applicant Nos.1 and 3 are arrested, they will loose their job and possibly with that intention, the complaint has been filed. 5. Taking into consideration the peculiar facts and circumstances, in my view, custodial interrogation of the Applicants is not necessary. Prima facie case is made out by the Applicants for grant of anticipatory bail. 1 6. The Applicants, in the event of their arrest in connection with C.R. No. 104 of 2009 registered with Gaobhag Police Station for the offence punishable under sections 498-A, 406, 409 r/w. 34 of the Indian Penal Code, be released on bail in a sum of Rs.5,000/- each with one or two sureties each in the like amount. They shall report to the concerned police station as and when called. 7. Application is disposed of. (V.M. KANADE J.)