MADHAV KRISHNA VASAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for anticipatory bail in Crime No.60 of 2021 registered with Byculla Police Station for the offences punishable under Sections 376(2)(n), 354(5), 417, 419, 427, 504, 506(2), 502 of the Indian Penal Code, 1860 read with Section 66(C) of the Information Technology Act, 2000.

(2.) At the outset, it may be stated that the learned Sessions Court vide order dated 17 th March, 2021 directed the State not to take coercive action against the applicant; however, fnally declined to grant pre-arrest protection.

(3.) Applicant is attached to constabulary cadre of the Maharashtra Police since he joined force in 2006. Presently, he is serving Trafic Department, Malabar Hill Division, Mumbai. Complainant got acquainted with the applicant around 2017 while being deployed for serving at Byculla Police Station. It is apparent from the complaint that said acquaintance, developed into close friendship whereafter same advanced into love afair. Complainant had alleged that applicant suppressed his marital status and posed himself, bachelor. However, in 2019 she came to know that applicant was married person. Complainant alleged, the applicant had informed her, his wife was psychologically unwell/unft and hence, he desires to divorce his wife. She alleged, in 2018 applicant had borrowed money from time to time, which was cumulatively to the tune of Rs.1,50,000/-. When she demanded the said amount from him, she alleged, applicant abused her. Thus, she severed ties with him. However, to her dismay, his constant pressure and persuations once again turned relationship to be amicable. Complainant alleged, on the false promise of marriage, he persuaded her to succumb to his physical desires at various places and hotels. Later, relationship soured. Thus, complainant would allege that he was emotionally and physically abusing her and pressurising her to maintain relationship. She would allege that applicant had recorded her obscene videos and was threatening to upload it on social media. Specifcally, she alleged that applicant had sent obscene videos on her mobile set and threatened that he would disseminate the same to her relatives if she would refuse to maintain the relationship with him. She alleged that in September, 2020, her marriage with one, Shailesh was proposed by her family to which she had consented. It is the specifc allegation that on 29 th September, 2020 when she was commuting from Pune to Mumbai, applicant called her persistently and had threatened to make the obscene videos viral if she did not alight at Sanpada, a en-route place. In these circumstances, the complainant alighted at Sanpada. She alleged, the applicant snatched her mobile and damaged it. She alleged applicant removed SIM and memory card and took the same away. Whereafter on the next day when she asked for the memory, SIM card of the mobile, applicant declined to hand over it to her. Thereafter, the complainant disclosed, 'state of afairs', to the applicant's wife. She further alleged that on 1 st October, 2020, applicant had sent a message to sister of her fance. Resultantly, her proposed marriage broken down. She alleged, the applicant had sent objectionable messages on the face-book account of her fance from his face-book account. Also, she alleged that applicant by using pass-word of her face- book account, had sent objectionable messages to face-book account of sister of her fance. Whereafter she lodged complaint on 1st March, 2021, subject crime came to be registered against the applicant.