SUNIL HANUMANT KAKADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R.No.362 of 2022 registered with Warje Malwadi police station, District Pune for the offences punishable under Ss. 384, 386, 387, 388 r/w 34 of the Indian Penal Code , 1860 (for short ' IPC '), applicants are seeking relief of pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .).

(2.) According to prosecution, the informant's son Javed was in friendly relationship with one Kavita Kondhalkar. During their relationship, there was dispute between both of them. In the year 2021, the accused No.1 called the informant to resolve dispute between informant's son Javed and Kavita. Informant went at the place suggested by accused No.1. Accused No.1 told her that she will resolve dispute between Javed and Kavita. In the month of June 2021, accused Nos.1 to 3 along with others reached the house of informant and threatened her to lodged criminal case against informant's son. The accused Sunil Kakade was standing on the door. They threatened the informant that they will lodge complaint of rape against informant's son which will defame the informant and her son. All accused persons including the present applicant repeatedly called the informant demanding amount of Rs.3.00 lakhs for peaceful resolution of dispute between the informant's son and Kavita. Accordingly, informant on 7/7/2021 went to Suwarna Hotel where she was called by the accused No.1. A compromise memorandum was prepared on stamp paper which was signed by all persons. However, Kavita was not present and did not sign compromise memorandum. All accused persons including applicant received amount of Rs.3.00 lakhs and assured to get signature of Kavita on stamp paper. It was thereafter, revealed that by keeping Kavita in dark, all accused persons including applicant received amount of Rs.3.00 Lakhs from the informant. When the informant reached the office of applicant and accused No.1, she was threatened that a complaint of rape will be filed against her son. She, therefore, lodged report with the respondent police station.

(3.) Applicants, therefore, filed application under Sec. 438 of Cr.P.C . before learned Sessions Judge which came to be rejected. Aggrieved thereby, the applicants have filed the present anticipatory bail application.