Abhas Sandesh Patil vs The State Of Maharashtra
2017 Latest Caselaw 1031 Bom

Citation : 2017 Latest Caselaw 1031 Bom
Judgement Date : 24 March, 2017

Bombay High Court

Abhas Sandesh Patil vs The State Of Maharashtra on 24 March, 2017

Bench: V.K. Tahilramani

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nsc.
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                         CRIMINAL APPEAL NO. 175 OF 2017

       Abhas Sandesh Patil,
       Age : 53 years, Occ:Business,
       Residing at 16/B/6, Plot No.6,
       Sheetal Society, NNP,
       Gen.A.K.Vaidya Marg,
       Goregaon (E),
       Mumbai - 400 065.                                    ...Appellant

              Versus

       The State of Maharashtra
       (At the instance of Sr. Inspector of
       Police, Goregaon Police Station,
       Goregaon (West), Mumbai.
       Through the Public Prosecutor,
       High Court, Mumbai.                                  ...Respondent


       Mr.S.P.Kadam i/b Mr.B.L.Jagtap, for the Appellant.

       Mr. H. J. Dedia, A.P.P for the Respondent-State


                                 CORAM :         SMT.V.K.TAHILRAMANI &
                                                 REVATI MOHITE DERE, JJ.

                               DATE    :         24th MARCH, 2017

       ORDER (Per Revati Mohite Dere, J.) :

1. Heard learned counsel for the parties.

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2. By this appeal, the appellant seeks pre-arrest bail in

connection with C.R. No. 425 of 2016, registered with the

Goregaon Police Station, Mumbai, for the alleged offences

punishable under Sections 376, 506(ii) of the Indian Penal Code

and under Sections 3(2)(5) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short '

the SCST Act').

3. Mr.Kadam, learned counsel for the appellant

submitted that the allegations made by the complainant are

false. He submitted that the appellant and the complainant were

good friends and that their friendship resulted in a love affair

between the two. He submitted that the complainant had

voluntarily accompanied the appellant to several places and that

they had stayed together at guest houses and hotels and that

the physical relations between them were by consent. He

submitted that the complainant was a major aged about 21

years at the relevant time. According to Mr.Kadam, a false

complaint has been lodged by the victim girl, at the instance of

the appellant's competitor. He further submitted that a perusal

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of complainant's statement dated 8 th October, 2016 shows that

no offence under the provisions of the SCST Act is disclosed,

inasmuch as, there is no mention to the complainant's and

appellant's caste. He relied on several photographs and

WhatsApp messages sent by the victim girl to the appellant,

expressing her feelings for him. The same are annexed to the

appeal.

4. Learned APP does not dispute the fact that the

appellant has surrendered his mobile phone and has subjected

himself to medical tests and has also attended the police station.

5. Perused the papers. It appears that initially a

complaint was lodged by the complainant as against the

appellant which was registered under Sections 376, 506(ii) of

the Indian Penal Code. It appears that subsequently the

provisions of the SCST Act were invoked. According to the

complainant, the appellant had sexual intercourse with her,

without her consent. The complainant is a major. It appears that

the appellant and the complainant were acquainted with each

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other and that their acquaintance developed into a love affair.

Pursuant to the interim protection granted to the appellant, the

appellant attended the concerned police station and has

surrendered his mobile, in which he is alleged to have taken the

complainant's photograph. It also appears that the appellant has

subjected himself to medical tests, as required by the

Investigating Officer and has also attended the police station.

We may also note, that in the statement dated 8 th October,

2016, there is no reference to the caste of the complainant or

the appellant and therefore, prima-facie the provisions of the

SCST Act will not apply. In the facts, custodial interrogation of

the appellant is not necessary.

6. Considering the peculiar facts of this case and the fact

that the appellant has co-operated with the investigation, the

appeal is allowed and the appellant is granted pre-arrest bail on

the following terms and conditions :

ORDER

(i) In the event of the arrest, the appellant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.30,000/- with one or two sureties in the like amount ;

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      (ii)     The appellant      shall attend the concerned Police

Station once a fortnight i.e on 1st and 3rd Saturday of every month between 10.00 a.m. to 12.00 noon, till the filing of the charge-sheet and thereafter as and when called for by the Investigating Officer ;