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BA 11552022
Dt. 25.05.2022
IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1155 OF 2022
(CNR NO.MHCC020063522022)
Gaurav Maruti Mahadik
) … Applicant
Versus
The State of Maharashtra
(Through Worli Police Station)
)
) … Respondent
Ld. Adv. Vinay Kate for Applicant.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 25.05.2022.
ORDER
1.
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 02 of 2022 registered with Worli Police Station for the offences
punishable under Sections 377, 498A, 506 of I.P.C.
2.
As per FIR, the first informant got married with Accused on
06.10.2017. The Accused was working on Ship. Therefore, he used to
remain on Ship for eight months and used to come on leave for four
months. The complainant joined Police Department as Ladies Police
Constable in the year 2010. It is alleged that on 3 rd day of marriage the
Accused found chatting with his girlfriend about the physical relation
with the complainant. Therefore, complainant objected for the said
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chatting. On which, Accused beat her and assaulted her. However, the
complainant being newly married she had not disclosed the incident to
anybody. Thereafter, the Accused went to out of country for work. He
started taking suspicion about the character of the complainant. The
Accused also started insisting the complainant to share her nude
photographs. Thereafter, the Accused came to India on 24.06.2018.
The Accused used to show the porn videos and used to insist to perform
as per the said video and for unnatural sex. On refusal he used to give
threat to divorce her. The Accused compelled the complainant for
unnatural sex repeatedly.
3.
It is further alleged that once complainant was taking bath
she found the Accused kept the mobile for charging. She found the
camera on. The complainant therefore, inspected the mobile of accused
found her videos in the said mobile while taking bath. In addition to the
same she also found eight videos taken by the Accused without her
knowledge while committing sexual intercourse. The said videos are
taken by the Accused without knowledge of the complainant and
without her consent. Therefore, she confronted the said fact to the
Accused. On which Accused replied that he being her husband he is
having every right and she can’t object. Thereafter, the Accused again
went to work in October2018. However, the Accused kept on picking
up quarrel with the complainant. He started putting the photographs of
innerwear of complainant on whatsapp status and used to put led
caption. Moreover, he started giving threats to viral the video available
in his custody. Therefore, the complainant filed the complaint against
the Accused.
4.
The Applicant / Accused claims bail on the ground that he
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is falsely implicated in the present offence. It is submitted on behalf of
the Accused that the dispute between the parties is arising out of
matrimonial dispute and is of civil nature. He submitted that both of
them already filed Petition before the Family Court, Bandra for divorce
by mutual consent. In the said Petition, the complainant agreed to
withdraw all civil and criminal cases. But still the present complaint is
filed. It is submitted that the present complaint is filed to pressurize the
Accused to sign the Affidavit having incriminating contents. The
Applicant further submitted that he is ready to abide the conditions of
bail. Moreover, the I.O already seized his mobile and laptop.
5.
The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that the Accused is
working at Norgean Cruize Line. Therefore, if the bail is granted to the
Accused, there is every possibility that Accused will leave the India and
it will be difficult to secure his presence. It is further submitted that the
Accused after causing mental harassment pressurized the complainant
to file the Divorce Petition by mutual consent. So also, the Accused
saved the videos of their intimate relation, unnatural sex in the various
devices. Therefore, if bail is granted the accused will tamper with the
prosecution evidence.
6.
The first informant appeared in the matter and filed
written objection as per terms or prosecution story. Heard both the
parties.
7.
The dispute between parties arising out of matrimonial
relation. But it is not matrimonial dispute in strict sense. It is the
grievance of the complainant that the Accused made the video
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recording without her knowledge and consent while they were having
intimate relation. Moreover, the Accused forced her for unnatural sex
and also done video recording of the same. It is further grievance of the
complainant that Accused also done video recording while she was
taking bath in his mobile under the pretext of keeping the mobile for
charging. The complainant is having audio conversation with the
Accused requesting to delete all the said videos in her presence.
However, the Accused is replying that at present he do not have any
video. The Accused not denying the existence of any such video. The
complainant also produced the screenshot of whats app status of
Accused. The complainant also pointed out the said whats app status in
which the Accused displayed the nicker of complainant and put lewd
captions as follows :
1. Aajch night dress can be seen by only person n
that person knows very well.
2. Ye raat Saheli sang
3. Aajchi mi ghatleli tuzi chaddi.
4. Dokyaha bhosada karnya peksha saral kai te
sangav
8.
The complainant appeared in the matter and submitted
that due to such type of status displaying her nicker and putting lewd
remarks, the Accused is defaming her in society. Moreover, the Accused
is in possession of objectionable videos, which he refused to delete in
her presence. The complainant is apprehending that the Accused will
misuse the said video. No doubt, the Accused is married with the
complainant. However, he can not treat her like his private property.
He should respect her dignity and womanhood. The Accused done the
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video recording while they were intimate and while complainant was
taking bath without knowledge and consent of the complainant. In
audio recording the complainant confronted the said fact to the Accused
that said video recording is done without her consent. She also
requested to delete the said video recording in her presence so that the
apprehension in her mind about misuse of the said video will come to
an end and they can proceed further about their decision of dissolving
marriage by mutual consent. As stated earlier, the Accused not denies
in the said communication that he never took any video. However, he
claims that at present he do not have any such video. There is basis for
apprehension of complainant. Moreover, by displaying the nicker of
complainant on whats app status, the Accused is defaming the
complaint in the eyes of public at large. Therefore, even though the
dispute appears matrimonial, the conduct of Accused is objectionable.
The Advocate for the Accused claims that the complainant gave threat
of filing complaint. However, the complainant adduced the primafacie
evidence regarding her apprehension that Accused will make misuse of
objectionable video available with him. By displaying the nicker of
complainant on whats app status, the Accused is proceeding in the same
direction. Therefore, in order to recover the said objectionable videos,
the anticipatory bail application filed by the accused was rejected. It is
necessary to verify all the possible devices in which Accused can store
the said videos. It is submitted on behalf of the Accused that he took
Laptop and mobile to the Police Station. However, nothing was found in
the said devices. It cannot be expected that Accused will on his own
will carry the incriminating evidence against him while visiting the
police station. It is submitted on behalf of the Complainant that Accused
got another laptop and mobile to the police station at the time of
inquiry. Therefore, the earlier Application filed for grant of Anticipatory
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Bail and thereafter Application filed for Bail came to be rejected.
However, now the investigation is completed and Chargesheet is filed.
It will take time to decide the matter on merits. The Bail can’t be
refused on apprehension raised by complainant. Hence, I proceed to
pass following order :
ORDER
1.
The Bail Application No. 1155 of 2022 is hereby
allowed.
2.
The Applicant / Accused Gaurav Maruti Mahadik
be released on bail, in C.R. No. 02 of 2022 registered by
Worli
Police
Station
on
furnishing
P.R.
Bond
of
Rs. 30,000/ (Rs. Thirty Thousand only) with one or two
solvent sureties in the like amount.
3.
The Applicant is further directed to visit Worli
Police Station once in a week, i.e. every Wednesday
between 4.00 to 6.00 p.m. and to maintain the diary in
respect of the visit till conclusion of trial.
4.
The Applicant shall not leave India without prior
permission of the Court.
5.
The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and
Election Card, if any.
6.
The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
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7.
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The Applicant is further directed not to tamper
with the prosecution evidence or witnesses.
8.
The Applicant shall not directly or indirectly,
make any inducement, threat or promise to any person
acquainted with the facts of the case, so as to dissuade him
from disclosing such facts to the Court or to the Police
Officer.
9.
The Applicant shall regularly attend the case on
each and every date.
10.
The Applicant is further directed not to visit the
place where Prosecution witnesses are residing or to
contact them.
11.
In case of the violation of condition of bail the
prosecution is at liberty to file an application for
cancellation of bail.
12.
The provisional cash bail is allowed for Eight
weeks.
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
Date : 25.05.2022.
Dictation Typed on
Checked & Signed on
: 25.05.2022.
: 27.05.2022
BA 11552022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27.05.2022 at 5.50 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. SANJASHREE J. GHARAT
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 25.05.2022
JUDGMENT/ORDER signed by P.O. 27.05.2022
on
JUDGMENT/ORDER uploaded on
27.05.2022