Shivananda Basappa Santi vs The State Of Maharashtra
2017 Latest Caselaw 6305 Bom

 Shridhar Sutar                                    1                         41-ba-1031.17.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL APPLICATION NO. 1031 OF 2017

 Shivanand Basappa Santi                                         ...  Applicant.
       Versus
 State of Maharashtra                                            ... Respondent

                                 .....
 Mr. Machhindra A. Patil for the Applicant.
 Mr. S.R. Agarkar, APP for the State.
                                 .....


                                   CORAM : T. V. NALAWADE, J.

                                    DATE    : 16th AUGUST, 2017

 P. C. :

 1.          This   application   is   filed   for   bail   in   C.R.No.   160   of   2016 

 registered at Jath Police Station, Tal. Jath, District Sangli,  and the 

 crime is registered for offences punishable under sections 376(2)

 (g), 452 and 506 of the Indian Penal Code.


 2.          Heard both sides.

 3.          The   case   is   filed   for   aforesaid   offence.   The   papers   of 

 investigation were available.


 4.          The   prosecutrix   was   aged   about   19   years   and   she   was   a 

 newly married lady. She has made allegations that on 23.10.2016 

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 at about 9.30 a.m. when she was present in the house, present 

 applicant-accused   entered   the   house   under   the   pretext   that   he 

 wanted tadpatri for agricultural purpose. When she was collecting 

 tadpatri for handing it over to the applicant, the applicant held 

 her and forcibly raped her. She has made allegations that then she 

 went to the house of Chandrakala and disclosed the incident to 

 her. The report was given to the police on the same day and the 

 crime came to be registered at 20.30 hrs.


 5.          This Court has carefully seen the record of medical evidence 

 of the prosecutrix. There is no report in respect of stain.


 6.          In   view   of   the   nature   of   material   as   against   the   present 

 applicant,   this   Court   holds   that   it   is   not   desirable   to   keep   the 

 applicant behind the bar till the disposal of the case filed against 

 him.  Hence the following order:

                                        O R D E R

(a) The applicant be released on bail on furnishing P.B. in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount.

(b) The applicant not to tamper with the prosecution witnesses.

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(c) The applicant shall not commit similar offence.

(d) The applicant shall not enter the village of the prosecutrix till the disposal of the case filed against him.

7. The Application is allowed and is disposed of.

(T. V. NALAWADE, J.)

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