BALASAHEB SADASHIV KUNJIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SUREKHA is the daughter of the complainant by name Badamabai Rajaram Hargude, who was already married with one Baban Devkar on 26-5-1995. The petitioner is alleged to have told Surekha that her husband was already married and having his wife, he would marry with her and on that pretext, took her away and stayed together as husband and wife for one year and then Surekha became pregnant out of this illicit relations with the petitioners. After Badamabai discovered Surekha, she lodged complaint in Loni Kalbhor Police Station for offences under section 376 of the I.P.C. since Surekha was under the age of 16 years at the time of incident. The petitioner came to be arrested and he had applied for grant of bail to the Sessions Court, Pune, but that application came to be rejected.

(2.) NO doubt, it appears that Surekha was aged 15 years. However, having regard to the fact that she had abandoned her husband and stayed with the petitioner as his wife for a year and became pregnant and also the fact as stated by Shri Kadam for the petitioner that both of them are working in the same company, this is a fit case to grant bail.

(3.) ACCORDINGLY , petitioner is directed to be released on bail on his furnishing solvent surety to the extent of Rs.5,000/- (five thousand) and PR bond for like amount on condition that he shall not enter the limits of Loni Kalbhor Police Station, Pune, until conclusion of the trial and shall report to Shikrapur Police Station, Dist.Pune, once in a week on every Monday at any time between 8 a.m. to 8 p.m.