RAHUL PANDURANG SANAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.I-002 of 2023 dtd. 2/1/2023 registered with Mundhwa Police Station, Pune for the offence punishable under Sec. 354, 354-A, 354-D, 506, 509 read with Sec. 34 of the Indian Penal Code, 1860, the applicant is seeking relief of pre-arrest bail under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) The victim lodged a report alleging that she was working as HR executive in Marriot Suites. The applicant was her senior. Since October 2022, he started making sexual advance and passed lewd remarks. On 12/12/2022 he called her to his cabin made gestures and outraged her modesty. He also demanded sexual relations. He threatened her not to disclose it to anybody. On 13/12/2022, she send message to General Manager and sought appointment. She narrated the incident to him. She was not informed whether any action was taken. On 22/12/2022 the applicant again repeated same incident. On 24/12/2022, co-accused Vinod came to her cabin along with applicant and made gestures and also passed filthy comments. Both of them threatened her to kill. On 26/12/2022 she complained about behavior of the applicant to senior and informed that she want to resign. On 27/12/2022 she was followed home by the applicant. She stopped going on work from 31/12/2022. The applicant, therefore, lodged complaint on 2/1/2023.

(3.) The applicant, therefore, filed application under Sec. 438 of the Criminal Procedure Code, 1973 seeking pre-arrest protection before the learned Sessions Judge which came to be rejected by order dtd. 3/2/2023. The applicant, therefore, filed present anticipatory bail application.