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2020 DIGILAW 965 (BOM)

Ravindra P Khude v. State Of Maharashtra

2020-09-11

BHARATI DANGRE

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JUDGMENT Bharati Dangre, J. - C.R.No.242 of 2020 came to be registered with Narayangaon Police Station on 3rd August, 2020 invoking the sections 354, 143, 147, 149, 323, 504 and 506 of the Indian Penal Code. The provisions of sections 8 and 12 of the Protection of Children from Sexual Ofences Act, 2012 have also been applied and invoked. The applicant is seeking anticipatory bail in relation to the said crime, apprehending his arrest. 2. On perusal of the complaint it can be seen that the complainant aged 17 years has narrated that she is pursuing her education in 12th standard and on 1st August, 2020, a verbal altercation took place between her cousin Pushpa and Ravindra Khude i.e. the present applicant and it aggravated and resulted into some verbal abuse. People gathered at the said place. Another incident is reported to be of 2nd August, 2020, which occurred at about 8.00 p.m. It is stated that when the complainant was approaching to the public toilet, the applicant started abusing her father in a high pitch voice and when she asked as to why he is indulging into such an act, it is alleged that the applicant held her hand, asked her as to why she is interfering. She called for help from her mother and when she was running away, he caught hold of her dress, which got torn. On her cry for help, Pushpa and her mother as well as Mohan, Akash and Aniket- the members of her family arrived on the spot. A statement is contained in the complaint to the efect that since her dress was torn, people were looking at her and making certain utterances. This is the allegation precisely contained in the complaint against the applicant. 3. Pertinent to note that a cross FIR has been fled by the applicant vide C.R. No.241 of 2020 and it relates to the same incident of 2nd August, 2020. In the said FIR, 15 persons have been arraigned as accused and this includes the complainant-Asmita. A conjoint reading of both the FIRs would disclose that on account of petty reasons, there was some verbal altercation and for a trivial issue, it aggravated and resulted into some scuffle. 4. In order to attract the provisions of the Protection of Children from Sexual Ofences Act, 2012, it is necessary to commit an act of sexual harassment with sexual intent. 4. In order to attract the provisions of the Protection of Children from Sexual Ofences Act, 2012, it is necessary to commit an act of sexual harassment with sexual intent. As far as Section 354 is concerned, the Section get attracted when a person assaults or uses criminal force on any woman intending to outrage or knowing it to be likely that he will thereby outrage her modesty. The complainant's version as contained in the complaint do not attribute any intention of this nature either attracting section 354 or section 2 and 12 of the Protection of Children from Sexual Ofences Act, 2012. In absence of this intention, the incident which had occurred on account of the petty rivalry between the two families, resulting into two separate FIRs, makes the applicant entitled for protection in the event of his arrest in the aforesaid crime. Hence, the following order. : ORDER : (a) In the event of his arrest, the applicant - Ravindra P. Khude shall be released on bail on furnishing P.R. bond to the extent of Rs.20,000/- 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 Ofcer and should not tamper with evidence. (c) The Applicant shall co-operate with the investigation, by attending the police station as and when called for. 5. The application is allowed in the aforestated terms.