AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1736 OF 2009 Kishore Sudhakar Kulkarni ... Petitioner Vs. The State of Maharashtra ... Respondent Mr. Rajesh S. Datar for the petitioner. Mr. V.B. Konde-Deshmukh, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 15TH JULY, 2009. P.C.:- 1. The police are investigating C.R. No.42 of 2009. The petitioner has prayed that the police be directed not to harass him. 2. We have heard Mr. Datar, learned counsel appearing for the petitioner and Mr. Konde-Deshmukh, learned A.P.P. appearing for the State. AJN 2 3. Admittedly, as of today, the petitioner is not shown as an accused in C.R. No.42 of 2009. However, in affidavit in reply dated 6/5/2009 filed by the respondent in Sessions Court, Bombay, in anticipatory bail application filed by the petitioner, the police have, inter alia, stated that though the petitioner is not arrested so far, it is necessary to arrest him for the purposes of investigation. Some role is also assigned to him and fear is expressed that he is likely to destroy the evidence. Though this affidavit in reply is filed way back in 6/5/2009, the police have not so far added the petitioner’s name in C.R. No.42 of 2009 as an accused. We are informed that the main accused is absconding and, hence, certain vital investigation is yet to be conducted. 4. It is not possible for us to grant the wide prayer which is made in the petition. The police cannot be prevented from investigating a case but the police are expected not to cause unnecessary harassment to any AJN 3 one. We will say the same thing in this case also. We may, however, not be understood to have expressed any opinion on the merits of the case, or on the conduct of the investigating agency. 5. So far as prayer (b) is concerned, we are unable to grant this prayer. We are informed that learned Single Judge has rejected the petitioner’s anticipatory bail application because the petitioner is not shown as an accused in C.R. No.42 of 2009. Needless to say that in case the petitioner’s name is added in C.R. No.42 of 2009, he will be at liberty to make an application for anticipatory bail which will obviously be considered by the court in accordance with law. 6. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]