IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1430 OF 2009 Vishnu Dhondi Kamble ...Applicant Vs. The State of Maharashtra & Anr. ... Respondent --- Shri Prashant P. Jadhav for Applicant Shri Rajesh More, APP for the State ---- CORAM: V.M. KANADE J. DATED 30TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 376 of the Indian Penal Code. 3. It is alleged that the Applicant committed rape on her daughter-in- law while she was taking bath in the bathroom. 4. The complaint was lodged after lapse of almost 15 days. Chargesheet has been filed. It is an admitted position that the prosecutrix was demanding partition of the family and had also demanded Rs.3,00,000/- from the provident fund of the Applicant. Dispute between the prosecutrix and members of the Applicant's family was going on for quite some time and only when the Applicant had refused the partition of the said family, the present complaint has been filed. The prosecutrix is now residing with her parents. Initially when N.C. complaint was lodged on 23.1.2009, an allegation of rape has not been made in the said complaint and only after settlement talks were failed, the said complaint has been filed. Since investigation is over, continued detention of the Applicant, in my view, is not necessary. Since the trial may take sometime to be over. 5. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station once in a month. 6. The Trial Court shall not be influenced any observations made by this Court since these observations are of prima facie in nature. The Trial Court shall decide this application on merits and in accordance with law. 7. Application is, accordingly, disposed of. V.M. KANADE J.