Mumbai, August 22, 2022 – Somnath Baburao Angule, accused of rape, has been granted bail by Additional Sessions Judge A.B. Sharma. The court cited the consensual nature of the relationship, the filing of the charge sheet, and the completion of the investigation as reasons for granting bail.
Angule was arrested in connection with Crime No. 337 of 2022 registered at Pant Nagar Police Station, Mumbai. He was charged under Sections 376 (rape), 376(2)(n) (repeated rape), and 506 (criminal intimidation) of the Indian Penal Code (IPC).
Prosecution’s Case:
The complainant alleged that Angule, a friend of her brother-in-law, had repeatedly raped her under the false promise of marriage from May 2019 to February 2022. She further alleged that she had a child from the relationship and that Angule had later married another woman.
Defense Arguments:
Advocate Ashwin Bhagwat, representing Angule, argued that the relationship was consensual and that the complainant was his aunt. He stated that the complainant had left her husband’s house and lived with Angule. He emphasized that the investigation was complete, the charge sheet had been filed, and his client was willing to abide by bail conditions.
Prosecution’s Stance:
APP Kshirsagar, representing the State, opposed the bail application, citing the seriousness of the offense and the possibility of the accused influencing witnesses, as the complainant and accused were relatives.
Court’s Observations and Decision:
Judge Sharma noted the following key points:
- Consensual Relationship: The court acknowledged the defense’s argument that the relationship was consensual.
- Charge Sheet Filing: The investigation was complete, and the charge sheet had been filed.
- Pretrial Punishment: The court stated that further incarceration of the accused would amount to pretrial punishment, considering the trial had not yet commenced.
- Change in Circumstances: While the filing of the charge sheet may not always be a change in circumstances, the court noted the delay in the trial commencing.
“Though the filing of the chargesheet may not amounting to change in circumstances, but the chargesheet is not committed to this Court and trial is not commenced yet. The trial would take time for its conclusion. Under such peculiar circumstances, further incarceration of the accused would amount to pretrial punishment. Considering the facts and circumstances, I am inclined to release the accused on bail on certain stringent conditions,” Judge Sharma stated in her order.
Conditions of Bail:
Angule was granted bail on the following conditions:
- He must furnish a Personal Recognizance (PR) Bond of Rs. 25,000 with one or more solvent sureties of the like amount.
- He must not enter the area where the victim resides until her evidence is recorded.
- He must not leave India without prior court permission.
- He must submit proof of his residential address, phone number, Aadhaar card, and election card.
- He must not involve in any crime.
- He must not tamper with prosecution evidence or witnesses.
- He must not directly or indirectly influence any witnesses.
- He must attend all court hearings.
- Violation of any condition may result in bail cancellation.
- Provisional cash bail is allowed for three months.
Implications:
This decision highlights the court’s consideration of the consensual nature of the relationship, the completion of the investigation, and the prevention of pretrial punishment in sexual offense cases. The imposition of a condition restricting the accused’s movement aims to balance the accused’s right to liberty with the need to protect the complainant. The court considered the fact that the two parties were related when adding the condition that the accused must not enter the area the victim lives in until her evidence has been recorded.