*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3603/2009 Mathew @Mates @ Bandya Pilu D’seouza. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Kuldeep S. Patil, Advocate for the Applicant. Mr.H.J.Dedhia, APP for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 10th September, 2009. PC:- 1 The present Applicant has been arrested on 26.06.2009 in Crime No.I-233/2009 registered with Nalasopara Police Station for the offences punishable under Sections 376, 498-A, 354, 321, 504, 506 r/w 34 of the Indian Penal Code upon a complaint filed by one Mrs.Vilma Tony D’souza who happens to be the daughter-in-law of the present Applicant. 2 The daughter-in-law of the present Applicant lodged the First Information Report on 26.06.2009 against her husband, father- in-law (present Applicant), mother-in-law and sister-in-law alleging ill-treatment by the accused persons over a period of time from January, 2002 till the filing of First Information Report. The *2* Complainant was married to the son of Applicant on 12.11.2000 and the marriage was a settled marriage. The Complainant gave birth to a girl child in July, 2001 and thereafter, gave birth to a son. The children of Complainant are aged 8 and 6 years. The Complainant was staying in a joint family along with her husband, in-laws and two children. The Complainant has alleged in the First Information Report against the present Applicant that sometime in January, 2002 when the Complainant and the present Applicant were alone in the house the Applicant had embraced the Complainant and outraged her modesty. It is then stated that the Complainant did tell the said fact to her husband and mother-in-law but they said that it is an attempt on the part of the Complainant to malign and defame the family of Applicant. It is also stated that sometime prior to 2002 while the Complainant was alone in the house the present Applicant had embraced her and pressed her breast. Thereafter, the allegations are made touching the demand of some amount by her husband and the present Applicant. It is stated that again sometime in 2003 the Applicant had embraced the Complainant and pressed her breast and allegedly a threat was also administered by the Applicant that if she discloses this fact to anyone else she will be killed. It is also averred that in between January to June, 2009 on few occasions the present Applicant had embraced the Complainant and pressed her breast and thereby, committed the offence under Section 354. On the basis of the said complaint which relates to ill-treatment, cruelty, demand of money and outrage of modesty, the offence came to be registered initially under Sections 498-A, 354, 321, 504, 506 r/w of the Indian Penal *3* Code against the husband, father-in-law (present Applicant), mother-in-law and sister-in-law of the Complainant. 3 The Bail Applications were separately moved. The mother-in-law and sister-in-law came to be granted bail on 30.06.2009. Immediately, thereafter, on 01.07.2009 a supplementary statement was given by the Complainant wherein for the first time allegations are made that the present Applicant (father-in-law) has committed rape on her. In the supplementary statement it is stated that the present Applicant who is aged about 65 years has since last two years had committed rape on the Complainant on four occasions. It is also stated that she does not remember the dates on which the incidents of rape had taken place. However, when only the present Applicant and the Complainant were present alone in the house the said acts of rape were committed in the kitchen room. 4 Perusal of the supplementary statement, however, reveals that before filing of the F.I.R. the Complainant had been to the residence of her parents and narrated the incidents to her parents of ill-treatment, cruelty and outrage of her modesty by the present Applicant. The Complainant and her parents had detailed discussion and after deliberation the First Information Report was lodged on 26.06.2009. It is then stated that the Complainant had not disclosed the acts of rape committed by the present Applicant to her parents prior to lodging of the First Information Report on 26.06.2009, however, subsequently when they went home after lodging the report, the Complainant informed her parents about the acts of rape allegedly committed by the present Applicant, hence, a *4* supplementary statement was given. 5 In the above fact situation, the learned counsel for the Applicant has submitted that two co-accused were released on bail on 30.06.2009 and the Complainant apprehended that other accused as well would be released on bail, hence, by making a supplementary statement on 01.07.2009 the Complainant aggravated the offence by levelling the allegations of rape against the present Applicant. It is also submitted that there is no justification given by the Complainant for not mentioning the acts of rape allegedly committed by the present Applicant when she lodged the First Information Report on 26.06.2009. The submission thus is that the supplementary statement is recorded only with a view to aggravate the offence so that the bail is denied and to harass the Applicant and his family members and defame them in the society. 6 Perused the F.I.R. and the supplementary statement. Noted the date on which the other accused are released on bail. Prima facie there appears to be substance in the submission of the learned counsel for the Applicant that the supplementary statement dated 01.07.2009 is a calculated attempt to aggravate the offence allegedly committed by the Applicant. The First Information Report does not reveal that the Complainant had any inhibition to state the act of outraging her modesty and hence, she could have without any embarrassment even stated the acts of rape which now finds place in the supplementary statement. Having regard to the strained relations between the family members of the Applicant on one hand and the Complainant on other hand, prima facie possibility of falsely roping the present Applicant for the *5* offence under Section 376 of the Indian Penal Code cannot be ruled out. 7 Having regard to totality of the facts and circumstances, in my view it is a fit case for grant of bail. Having regard to the nature of the offence allegedly committed by the Applicant, I am also of the view that there is no question of any witness being pressurized or otherwise. The attendance of Applicant can be secured by laying down certain conditions. Hence, I pass the following order:- (a) The Application is allowed. (b) The Applicant shall be released on bail in Crime No.I-233/2009 registered with Nalasopara Police Station for the offences punishable under Sections 376, 498-A, 354, 321, 504, 506 r/w 34 of the Indian Penal Code, on executing a personal bond in a sum of Rs.25,000/- with one or two sureties in the like amount. (c) The Applicant shall attend the Nalasopara Police Station once a week i.e. on every Saturday in between 4:00 to 6:00 pm for a period of two months or till the filing of charge sheet, whichever is earlier. (d) The Application is allowed and disposed of accordingly. (A.P. Deshpande, J) At this stage, the learned counsel for the Applicant seeks permission to deposit the bail amount in cash for a period of three weeks so that during the said period the sureties could be arranged. Hence, deposit of bail amount in cash for a period of three weeks from today is permitted, during which period the Applicant shall furnish the sureties. (A.P. Deshpande, J)