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. 1590 OF 2009 CRIMINAL APPLICATION NO. 1590 OF 2009 CRIMINAL APPLICATION NO. 1590 OF 2009 Pushpala Murlidhar ...Applicant vs. The State of Maharashtra ...Respondent Ms.Revati Mohite-Dere for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : APRIL 4, 2009 DATED : APRIL 4, 2009 DATED : APRIL 4, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant apprehends in connection with an offence which is registered by the Vakola Police Station, Mumbai, vide C.R.No.46/2009. The complainant is the sister-in-law of the present applicant. The present applicant alongwith his brothers was residing in the quarters allotted by Air India. Thereafter, the applicant shifted at Sahar, Andheri (East), after his marriage in 1984. The applicant’s brother got married to the complainant sometime in the year 1981. The applicant also retired from Air India sometime on or - 2 - about 31st October, 2008. The complainant was asked to handover the flat of the Air India Service Quarters to the applicant and to remove her articles so that he could take them to the premises which were to be acquired by her. However, on 18th December, 2008, the applicant found the lock was broken open and the complainant was residing in the said premises. The complainant lodged a N.C. complaint on 18th December, 2008 in which she alleged that the applicant had physically assaulted the complainant. On 30th January, 2009, the applicant filed the suit in the City Civil Court against the husband of the complainant. In the meantime, the husband of the complainant purchased the residential house on 2nd February, 2009 and in the first week of February 2009, the complainant’s husband vacated the premises and removed all the articles therein and transferred the same to newly acquired premises at Vasai. 3. After all these incidents were over, for the first time in the second week of February 2009, the Vakola Police Station informed the applicant that a - 3 - complaint had been filed by his sister-in-law alleging that he had raped her on 15th/17th December, 2008. This complaint was lodged by the complainant on 9th February, 2009. From the sequence of events, it is apparent that when the first NC complaint was lodged by her on 18th December, 2008, no such allegation was made. Thereafter, civil dispute was filed by the applicant in the City Civil Court. Interim orders were passed in favour of the applicant, then the complainant had to vacate premises and in February, it is now alleged that the applicant had committed rape. 4. In my view, prima facie case is made out for grant of anticipatory bail. Section 438 has been incorporated in the statute in order to ensure that when false allegations are made in order to take revenge out of business, political or personal rivalry, the person against whom such false allegations are made, should not be made to go behind bars even for a couple of days. 5. In the event of the applicant’s arrest, therefore, in C.R.No.46/2009 registered with Vakola Police Station, Mumbai, the applicant be released on - 4 - bail in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant, however, shall report to the Vakola Police Station for a period of four days from 6th April, 2009 between 11 a.m. and 2 p.m. Liberty is granted to the prosecution to apply for a modification of this order if any other material is found. 6. The application is, accordingly, allowed and is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)