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2014 DIGILAW 1916 (BOM)

Savitri Kuldeep Karkhur v. State of Maharashtra

2014-09-01

SADHANA S.JADHAV

body2014
Judgment : 1. Heard. This is an application under section 438 of Code of Criminal Procedure, 1973. Applicant herein is apprehending her arrest in crime No.249/2013 registered at D. B. Marg Police Station, Mumbai for offences punishable under sections 376, 366A, 344 r/w 34 of Indian Penal Code. Initially on the basis of F.I.R., section 3, 4, 5 & 7 of Protection of Children from Sexual Offences Act, 2012 were added, however, the report shows that the complainant has attained majority and is more than 18 years old and hence, the said section of the POSCO Act are deleted. 2. It is the case of prosecution that on 19/08/2013, the victim Ms. X lodged a report at the police station alleging therein that she does not know the name of her parents. She was initially working with the present applicant along with her sister, however, she does not know the whereabouts of her young sister. Two months' prior to the lodging of the F.I.R., applicant herein had allegedly brought the complainant to Mumbai and had advised her to learn Mujara dance, so that she could earn her living. She had brought the complainant to Mumbai and had left her with her daughter Pallavi at Congress House, Grant Road, Mumbai. That Pallavi had directed her to learn Mujara from Shashi Singh in the said Congress house compound. It is alleged that Pallavi & Shashi Singh had provoked the complainant to have sexual relations with customers who had come for watching Mujara. On 18/09/2013, at about 9.30 pm, the complainant had approached the police station and lodged the report on the basis of which, crime No.249/2013 is registered against Pallavi, Shashi Singh, Satish Gauda & three others. 3. Learned counsel for the applicant submits that Pallavi, Shashi Singh & Satish Gauda were arrested and enlarged on bail by the Sessions Court. The only allegation against present applicant is that she had brought the complainant from Muraina (Madhya Pradesh) to Mumbai and had brought her in the house of her daughter Pallavi. There is no allegation that present applicant had introduced her to prostitution. There is no allegation that the complainant was detained by the present applicant. In fact, learned counsel for the applicant has placed on record the ration card which shows that the complainant was a family member of the applicant. There is no allegation that present applicant had introduced her to prostitution. There is no allegation that the complainant was detained by the present applicant. In fact, learned counsel for the applicant has placed on record the ration card which shows that the complainant was a family member of the applicant. Learned counsel further submits that present applicant as well as the complainant belong to Karkhur Community were primarily engaged into Mujara dancing. 4. In view of this, applicant herein has made out a prima facie case for grant of pre-arrest bail. It is made clear that observations made herein above are prima facie in nature and shall not be considered for an application seeking quashing of F.I.R. or discharge application. Learned Sessions Court shall not be influenced by the aforesaid observations at the time of trial. ORDER (i) Application is allowed. (ii) In the event of arrest, applicant be enlarged on bail on furnishing P. R. bond in the sum of Rs.15,000/- and one or two sureties in the like amount. (iii) Applicant shall report to Dr. D. B. Marg Police Station for 4 weeks on every Sunday between 10.00 am to 12.00 noon or till filing of the charge-sheet, whichever is earlier. Application stands disposed of.