1 906-242-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.242 OF 2011 Ishwar B. Mandekar .. Applicant. V/s. The State of Maharashtra .. Respondent. Mr. A.P.Mundargi, Sr. Advocate with Mr. Sachin Bhosale and Avinash Kamkhedkar, for Applicant. Mr. J.P.Kharge, for the Respondent-State. CORAM : A.R.JOSHI, J. DATE : 1st APRIL, 2011. P.C.: 1 Heard rival submissions at length on this application for anticipatory bail preferred by the applicant, apprehending his arrest in the matter of C.R.No. 28 of 2011 registered with Paud Police Station, District Pune. Offences alleged against applicant are punishable under section 420 and 376 of Indian Penal Code. 2 906-242-11.sxw 2 F.I.R. was lodged on 25th February, 2011. Offences alleged against applicants are punishable under section 420 and 376 r/w section 34 of Indian Penal Code and also under section 3(1) (xi) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989) (herein after referred as “the said act”). F.I.R. is lodged by the prosecutrix who is presently aged about 35 years. 3 The contents of the F.I.R. are rather of a peculiar nature and mentioning the time gap, are sufficient enough to attract the bar for anticipatory bail as contemplated by the said act. Apparently, the complainant-woman belongs to SC-ST caste/community as mentioned in the F.I.R.. She is resident of area, near to agricultural land of the applicant . She was in love with the applicant since 2006. When the applicant used to water his agricultural land from the water scheme, she used to go to the field and used to talk with the applicant. Apparently, there was some advances made to the complainant by the applicant and there was some short of sexual relationship developed between the complainant and the present applicant. It started somewhere in the year 2006. It is alleged that present applicant assured complainant that he will marry her as he is not interested in continuing to stay with his present wife. It is further alleged in the F.I.R. that by consent, the sexual relations between both of them 3 906-242-11.sxw continued till the year 2006 and thereafter, it was found out that complainant was pregnant and her feutus was got aborted. It happened sometime by the end of the year 2009. 4 Apparently, after such episode and after wife of the present applicant confronted the complainant regarding relationship between the complainant and the applicant, such relations stopped. It is specifically mentioned in the F.I.R. that such confrontation of the complainant was done by the wife of the applicant in the presence of the mother of the complainant. When mother of the complainant made enquiry with her regarding the episode, the complainant denied having such relations with the present applicant. However, as specifically mentioned in the F.I.R., there was no such continued sexual relations after the year 2009. Complaint came to be lodged with the police only in February, 2011 under the fear that present applicant may take advantage of their earlier relations and may cause defamation of the complainant. 5 After going through the entire story as mentioned in the F.I.R. and specially length of time, for which both the parties had a sexual relations and apparently it was consensual act, in the opinion of this Court, no bar is attracted as contemplated by the said Act for grant of anticipatory bail. Otherwise also on merits, it is not a case in 4 906-242-11.sxw which now the custodial interrogation of present applicant is needed. This is more so considering the specific time gap between the continued relations from 2006 to 2009, of the complainant and the applicant and complaint in the year 2011. In the result, present application is allowed with certain directions to the applicant to attend the concerned police station and not to tamper with the prosecution witness. Hence, the following order:- ORDER (a) The Criminal Bail Application is allowed. (b) In the event of arrest of applicant in C.R.No. 28 of 2011 registered with the Paud Police Station, Dist. Pune , the applicant shall be released on bail on his executing P.R. bond of Rs.20,000/- with one surety for the like amount. (c) In the event of such arrest and availing bail, the applicant shall attend the concerned Police Station on every Monday and Thursday between 10.00 a.m. to 12.00 noon till the filing of the charge sheet. (d) The Bail Application stands disposed of accordingly. (A.R.JOSHI, J.)