Ladda 1 aba-173-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 173 of 2011 Sabhaji Santaram Gaikwad & anr ...Applicants. Versus The State of Maharashtra ...Respondent. ...... Mr P.G.Sarda, Advocate for the Applicants. Mr Y.M. Nakhwa, A.P.P.for the State. Mr Dinesh W. Bhosale, Advocate for Original Complainant. CORAM: A.R.JOSHI, J. DATED:­ 18th March 2011. P.C. 1. Heard rival submissions, at length, on this application for anticipatory bail preferred by both the applicants ­ accused apprehending their arrest in C.R.No.269 of 2010 registered with Mangalwedha Police Station for the offence punishable under sections 363, 366 read with Section 34 of the Indian Penal Code. 2. First Information Report is lodged by the father of the prosecutrix girl on 24th December, 2010. The allegations are that, few days prior to the incident of abduction of the girl, allegedly, then aged about 18 years Ladda 2 aba-173-11 and six months and odd, there was some phone call to the first informant to keep a watch on the movement of his daughter i.e. the prosecutrix in the present case. On such caution received over phone, he came home and enquired about his daughter. Thereafter, subsequently, he found that his daughter was missing from the house and as such her search was taken in the nearby locality of Mangalwedha. However, she could not be found. Subsequently, it was revealed that the son of the present applicants has abducted the girl on some promises and other co­ accused had helped him in doing so. So also, the present applicants had helped their son. 3. During the investigation, apparently, the prosecutrix appeared before Mangalwedha Police station, sometime in the month of February, 2011 and according to the report, dated 10th February, 2011 signed by the P.S.I. Mangalwedha Police Station, addressed to the Judicial Magistrate, Mangalwedha, said girl had indicated that she had left her parents house on her own wish and will and she had no complaint against anybody, much less against the accused persons in the present matter. By said letter police asked for sending said girl to Women Home. On the same day, the said girl was produced before the Judicial Magistrate’s Court. Order was passed by the court, on the same day, mentioning that as per the record said girl is of major age and free to go Ladda 3 aba-173-11 any where as per her wish and as such the request of the police could not be acceded. At that time, on enquiry by the Court, it is apparently revealed that her parents were not present in the court. Moreover, on the same day a sort of affidavit was produced before the J.M.F.C. Copy of the said affidavit is annexed at page No.14 in the Annexures to the present application for anticipatory bail. Said affidavit mentions that said girl is of major age and she is running 19 years and is studying in the first year of Engineering. Said affidavit appears to have been signed by one Advocate and also appears to have been sworn before the Registrar of the Court on the same day. Much emphasis was placed on the contents of said affidavit, order of J.M.F.C. and the letter, dated 10th February, 2011 sent by the police to the J.M.F.C. By pointing out the contents of the said letter, it is vehemently argued on behalf of the present applicants, that it is a case in which the said girl has left her parent’s house on her own wish and will and as such there cannot be any element of coercion or taking away the girl from her lawful guardianship, mainly considering that the girl is of major age. 4. Counter to the above arguments, learned A.P.P. drew attention of this Court towards the subsequent statement of the prosecutrix girl recorded. In fact, it is the letter dated 24th February, 2011 typed in vernacular Marathi under the signature of the prosecutrix addressed to Ladda 4 aba-173-11 P.I. Mangalwedha Police Station and also to other police officers including C.P. Kolhapur (Rural) and also to then Home Minister, State of Maharashtra. In the said letter, the details are mentioned as to under which circumstances and in what mental condition there appears to be filing of the documents before the concerned J.M.F.C. Court. Specific allegations are made in the said letter that threat was given to the said girl that unless she acts as stated by the accused persons, her parents and other relatives will be set on fire. It is specifically mentioned in the said letter that for about a month she was in tense condition and was out of mind and thereafter she had written the said letter for getting redressal of her grievance and for taking action against the accused persons, according to law in the pending criminal investigation. Apart from pointing out this changed circumstance, learned A.P.P. for the State brought attention of this Court towards the statement of one Sandip Bhosale, brother­in­law of the prosecutrix. It is the statement dated 6th March, 2011 in which there are specific allegations against the main accused, the boy who had abducted the girl that unless the girl is given in his custody, her relatives will face dire consequences. Said threat was given on the mobile phone. In order to substantiate the contents of the said letter, attention of this Court is also drawn towards the telephone call log showing communication between the main accused, son of the Ladda 5 aba-173-11 present applicant and said witness. 5. Considering the above circumstances, it is enquired by this Court, whether the said girl is present in the Court. On this learned A.P.P. and also learned Advocate Mr Bhosale, appearing for the Intervener­ original complainant stated that the girl is available in the Court and she can be questioned. This Court has interviewed the girl in the open Court and it is found out that the documents produced before Magistrate’s court, along with the alleged statement of the girl as she on her will and wish left her parents house and went along with the main accused, were taken by practicing coercion and by giving threat. Today, said girl is present in the court along with her father, the complainant and she reiterated the factual position, as narrated to the Court by learned A.P.P. as to her letter to the police and others dated 24th February, 2011, asking for appropriate action against the accused persons. 6. In view of the above circumstance, definitely it is not a case in which the discretionary relief can be granted in favour of the present applicants who are the parents of the main accused, inasmuch as their names are appearing in the F.I.R. and mainly considering the further coercive methods adopted against the present prosecutrix girl by producing various documents before the Magistrate’s Court and Ladda 6 aba-173-11 obtaining the order. In the result, present application is disposed of with the following order. ORDER Criminal Application No. 173 of 2011 is hereby dismissed. (A.R.JOSHI, J.)