*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4521/2009 Alok Ashok Bagade and another. ..Applicants -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.R.D.Suryawanshi, Advocate for the Applicants. Ms.P.P.Shinde, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 07th October, 2009. PC:- 1 The Applicant No.1 is Police Constable whereas the Applicant No.2 is his father. On the First Information Report filed by the wife of Applicant No.1, Crime No.I-442/2009 came to be registered with Mahatma Phule Chowk Police Station, Kalyan for the offences punishable under Sections 498-A, 406 r/w 34 of the Indian Penal Code. As the present Applicants are apprehending arrest in the aforesaid crime, the present application for anticipatory bail has been filed. 2 Perusal of the First Information Report reveals that the present Applicant No.1 and the Complainant were knowing each other from the year 2002-03 and had fallen in love. In the year 2006 the Applicant No.1 came to be appointed as Police Constable with the Rural Police. After the Applicant No.1 was employed, he married the Complainant on 22.01.2009. After the marriage for about one *2* and half months, the Applicant No.1 and the Complainant resided with the paternal aunt of Applicant No.1 and during that period the Applicant No.1 was pressurizing the Complainant to bring a sum of Rs.2 Lac from her parents and with a view to achieve the said object, the Applicant No.1 had allegedly ill-treated the Complainant both physically and mentally. The Applicant No.1 used to drive away the Complainant from house at night. Thereafter, the Complainant left for Nagpur and has been staying at hostel as she is admitted to M.Phil. course (post M.A.). On 30th and 31st July, 2009, the Applicant No.1 was posted at Kasara Ghat and from there he had phoned the Complainant and asked her to bring a sum of Rs.2 Lac. When the Complainant reached the place of his paternal aunt and as the Complainant had not brought the money as demanded, the Applicant No.1 had assaulted the Complainant with fist blows and kicks and so also by police belt. The said incident, according to the First Information Report, had taken place in presence of the maternal uncle and paternal aunt of the Complainant. It is alleged that on 01.08.2009 the Applicant No.1 for the same reason had assaulted the Complainant at residential house at Diva and had removed the golden “mangalsutra” weighing about 3 tolas from the person of the Complainant. Perusal of the First Information Report reveals that various allegations of cruel treatments are leveled against the present Applicant No.1 and the same were allegedly with a view to coerce the Complainant to bring an amount of Rs.2 Lac from her parents. 3 The learned counsel for the Applicants has submitted that the present Applicant No.1 is Police Constable and in the event *3* of his arrest, he may face adverse disciplinary proceedings which eventually would ruin his service career. It is also submitted that so far as the Applicant No.2 is concerned, who happens to be father of the Applicant No.1, there is no allegation of demand of money. It is also matter of record that the parents of Applicant No.1 were staying separately and not along with the present Applicant No.1 and the Complainant. 4 It is seen from the First Information Report that not only the Applicant No.1 who is husband but also parents and four sisters of the Applicant No.1 have allegedly ill-treated the Complainant. 5 As stated above, other family members of the Applicant No.1 reside at separate place and prima facie have hardly any chance to ill-treat the Complainant. 6 The learned APP has opposed the application specifically to the extent it relates to the Applicant No.1. 7 Taking over all view of the matter, I am not inclined to grant anticipatory bail to the Applicant No.1, however, the Applicant No.2 is entitled to be granted anticipatory bail. In the result, I pass the following order:- (a) The Application to the extent of Applicant No.1 stands rejected. The Application of the Applicant No.2 Ashok Waman Bagade is allowed. (b) In the event of arrest of the Applicant No.2 Ashok Waman Bagade in Crime No.I-442/2009 registered with Mahatma Phule Chowk Police Station, Kalyan for the offences punishable under Sections 498-A, 406 r/w 34 of the Indian Penal Code; he shall be released on bail on executing a personal bond in a sum of Rs. *4* 10,000/- with one or two sureties in the like amount. (c) The Applicant No.2 shall attend the concerned Police Station once a week on every Saturday between 4:00 to 6:00 pm for a period of one month. (d) The Applicant No.2 shall abide by the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. (e) The Application is disposed of accordingly. -sd- (A.P. Deshpande, J)