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Bombay High CourtABA/1543/2022disposed off

Sandeep Madhukar Patil v. The State Of Maharashtra

2022-06-14Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 907 ABA 1543-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1543 of 2022 Sandeep Madhukar Patil ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Ashwin Thool i/b Ayush Singh and Sakshi Chavan for the applicant.

Mr.S.V.Gavand, APP for the State.

PSI Shri Pradeep S. Bodade from Vada police station present. CORAM: BHARATI DANGRE, J.

DATED : 14th JUNE, 2022 P.C:- The applicant is apprehending his arrest in C.R.No. 150/2022 registered with Wada police station, invoking offence punishable u/s.354 of IPC, the offence being registered on 24/4/2022.

The said C.R. came to be registered at the instance of the complainant, who allege that on 24/4/2022, a meeting was arranged to discuss the subject of issue water supply, roads and and electricity in her locality, popularly known as 'Katkari pada' as the people in the locality had complained that the electric meters were installed on their walls, but without electric connection.

2/3 907 ABA 1543-22.doc The complainant allege that the applicant who is working as technician with the MSEB used to collect a fix amount from the residents for electric connection, and when the people in the locality protested and refused to make further payment, the applicant was alleged to be furious and he rushed at the husband of the applicant and abused him. The complainant has referred to certain verbal abuses and she also alleged that he had made an attempt to outrage her modesty by committing the act which was specifically mentioned in the complaint, which resulted in invocation of Section 354 of the IPC.

The learned counsel for the applicant has invited my attention to another C.R being C.R.No. 149/2022 registered with the same police station on a day prior i.e. 23/4/2022 at the instance of the complainant, where he had reported about the incident which took place on the said date when he was abused and threatened and being an Officer on duty, provisions of Section 353 came to be invoked against the husband of the complainant.

The submission is the present FIR which is filed a day later, is the counter-blast and accusations faced by the husband of the complainant u/s.323 and 504, 506 of the IPC. On perusal of both the C.Rs, prima facie, it appear that the present C.R filed by complainant is a sequel to the earlier incident, which the applicant has reported and resulted in

3/3 907 ABA 1543-22.doc registration of offence u/s.353 of IPC, against complainant's husband.

In any case, looking to the accusations faced by the applicant in the present C.R, no custodial interrogation is warranted.

It is however, subject to the stipulation that the applicant shall render all his co-operation to the Investigating Officer by attending the police station. Hence, the following order :-

O R D E R

(a) In the event of his arrest, the Applicant - Sandeep Madhukar Patil in connection of C.R.No.150/2022 registered with Wada police station shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(c) The Applicant shall make himself available as and when required by the Investigating Officer.

The Application is allowed in the aforestated terms. ( SMT. BHARATI DANGRE, J.)