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.2054 OF 2009 Annasaheb Sukhadev Maske ..Applicant. Vs. State of Maharashtra .. Respondent. Mr.A.P.Mundargi, Senior Counsel i/b Mr.Ujwal Agandsurve 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 : 5TH MAY, 2009. DATED : 5TH MAY, 2009. DATED : 5TH MAY, 2009. P.C.: . Heard learned senior counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.57 of 2009 of Pandharpur City police station, District Solapur. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 376, 504 of IPC. 3. The prosecution case, in brief, is that the applicant, between June, 2008 and February 2009, committed sexual assault on the complainant on several occasions. The complainant, in June, 2008, was appointed as a clerk by the applicant in Sanchalit Mahila Purva Prathamik Prashikshan Kendra, Pandharpur (for short "the institution"). 4. Mr.Mundargi, learned senior counsel for the 2 2 2 applicant invited my attention to several documents and more particularly to the complaint lodged by the complainant sometime in December, 2008, against her husband and in-laws (Exhibit-K) and also to the show cause notices issued by the institution against the complainant and letter dated 22.11.2008, of the complainant, addressed to the institution, admitting the allegations made against her in the show cause notice. Mr.Mundargi submitted that the allegations of rape are absolutely false. I have perused the complaint made by the complainant in November, 2008, against her husband and in-laws. It states that the complainant’s husband was asking her to file false complaint of rape against her superior and extract lakhs of rupees from him. There is no dispute that the applicant is her superior. She has further stated that her superior is a gentleman and he never gave her any trouble in the course of her service. I have also perused the show cause notice and letter dated 22.11.2008 which show that the complainant had sold certain articles of the institution and did not deposit the sale proceeds with the institution. She admits in the letter dated 22.11.2008 that an amount of Rs.97,100/- was received by her and that she did not deposit the same with the institution. Mr.Mundargi then submitted that even if it is assumed that the allegations made in the FIR are true it would 3 3 3 be a case of consensual sexual intercourse or sexual harassment at workplace. He submitted that in any case the allegations would not attract the provisions of section 376 of IPC. Having regard to the material on record and considering the submissions of Mr.Mundargi I am inclined to grant this application for anticipatory bail. Hence the following order: . In the event of arrest, the applicant to be released on bail in the sum of Rs.30,000/- 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 alternate day between 10 am and 1 pm till 20th May, 2009, and thereafter on every alternate Saturday between 10 am and 11 am for a period of 90 days from the date of his formal arrest or till filing of the charge sheet, whichever is earlier. . 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. . The application is disposed of. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)