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2023 DIGILAW 1277 (BOM)

Harishkumar K. B. v. State of Goa

2023-06-12

M.S.KARNIK

body2023
JUDGMENT/ORDER 1. Heard learned Counsel for the applicant. 2. This is an application for pre-arrest bail for offences punishable under Ss. 363, 376, 506 (ii), 354 D and 354 of the Indian Penal Code, registered by the Verna Police Station. 3. The prosecutrix alleged that she was working as a maid servant in the household of one Mr. 'S'. The applicant is a resident of a neighbouring society. The applicant is known to her. The FIR was registered on 27/3/2023. The prosecutrix alleged that one month prior to the registration of the FIR, the applicant who was driving his car, came along side her and asked her to sit in his car by offering a lift. Since it was dark, the applicant accepted the offer and sat in his car. Instead of dropping the prosecutrix home, the applicant went to a nearby hillock and raped her. Thereafter, he dropped her home. On the next day, there was an attempt on his part to again commit rape on her person but she pushed him and ran from the place. 4. There is an unexplained delay of almost one month in lodging the FIR. It is pertinent to note that the prosecutrix was working as a maid servant with one Mr. 'S', who was on inimical terms with the present applicant. On record is the complaint filed by the applicant dtd. 17/9/2022 against Mr. S. and others about threats which the applicant received from Mr. S. and the other persons named in the complaint. 5. Learned Additional Public Prosecutor, Shri Nagvenkar, however, while opposing the application for bail, submitted that the offence alleged against the applicant is serious in nature and there is every possibility that the applicant might threaten the witnesses and tamper with the evidence. It is not in dispute that the applicant has joined the investigation and cooperated with the investigation. In para 11 of the Say filed by the Investigating Officer, it has been recorded that the investigation into the present crime is completed and the chargesheet is filed on 27/4/2023 vide chargesheet no. 23 of 2023. 6. Considering the delay in registering the FIR, the fact that the applicant has cooperated with the investigation and that the chargesheet has already been filed, in my opinion, the applicant can be granted anticipatory bail as the custodial interrogation of the applicant is not necessary. 23 of 2023. 6. Considering the delay in registering the FIR, the fact that the applicant has cooperated with the investigation and that the chargesheet has already been filed, in my opinion, the applicant can be granted anticipatory bail as the custodial interrogation of the applicant is not necessary. Undoubtedly, the allegations are serious but the delay in registering of the FIR and upon considering the materials on record, now that the chargesheet has been filed, the applicant can be released on anticipatory bail having regard to the over all circumstances. The apprehension of the learned Additional Public Prosecutor about the applicant tampering with the evidence and threatening the prosecution witnesses can be allayed by imposing stringent conditions. There are no criminal antecedents recorded against the applicant. Hence, the application for pre-arrest bail of the applicant is allowed on the following conditions : ORDER (i) In the event of his arrest, in connection with CR No. 31/2023 of the Verna Police Station, the applicant be released on bail upon furnishing PR bond in the sum of Rs.15, 000.00 with one or two sureties in the like amount to the satisfaction of the learned trial Court. (ii) The applicant shall regularly attend the trial Court on the dates fixed. (iii) The applicant shall not enter the area of Kira Paula area, Kesarval, Cortalim, South Goa, where the victim is residing and working until further orders of the trial Court. (iv) The applicant shall not threaten the prosecution witnesses or tamper with the evidence. (v) Liberty to the prosecution to apply for cancellation of bail in the event the applicant fails to abide by any of the conditions imposed. (vi) The applicant shall not leave the State of Goa without the prior permission of the trial Court. (vii) The applicant shall furnish his contact details to the trial Court as well as the Investigating Officer and inform of change, if any. (viii) Apart from the above conditions, the applicant shall report to the Investigating Officer once on every first Monday of the month between 11.00 a.m. to 12 noon, commencing from the month of July, 2023. 7. Application stands disposed of.