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It was alleged that the applicant proposed to the informant, asking her to dissolve the marital bond with her husband. Subsequently, the applicant started to visit the house of the first informant. The informant alleged that the applicant started to poison the mind of her husband against her, leading to an increase in discord between her and her husband
The Bombay High Court has denied pre-arrest bail to a Pune cop who was booked for raping his colleague.
A single-judge bench of the high court, comprising Justice Nitin Jamadar, was hearing an anticipatory bail application filed by the cop who was charged under the Indian Penal Code and Arms Act.
The FIR was registered against the cop after a complaint was filed by the first informant, Naik, who is a police officer.
It was alleged that the applicant proposed to the informant, asking her to dissolve the marital bond with her husband. Subsequently, the applicant started to visit the house of the first informant.
The informant alleged that the applicant started to poison the mind of her husband against her, leading to an increase in discord between her and her husband.
She added that while she was residing at the Swargate police colony, the applicant sexually exploited her by spiking her cold drink and giving her tablets. Furthermore, it was claimed that the applicant made videos of her and threatened to make them viral.
Additionally, she stated that, on account of threats administered by the applicant to kill the husband of the first informant, the first informant allegedly filed for divorce from her husband. When the informant refused to pursue the matter, the applicant started physically harassing her.
The complaint also added that the applicant had harassed the mother and the 12-year-old boy and on a number of occasions pointed a pistol towards her.
The counsel for the applicant contended that it was a case of a relationship outside marriage between two adults who were both in their marital bonds.
The Additional Public Prosecutor submitted that the matter cannot be looked at solely from the perspective of the relationship outside marriage between the applicant and the informant. It is the subsequent acts of violence and threats, for which there is ample material, that disentitle the applicant from the relief of pre-arrest bail.
The bench, in its order, noted that there was material to indicate that the applicant had been extremely violent and intimidating.
“Prima facie, there is material to indicate that the applicant had been extremely violent and intimidating. The statement of the first informant, her son and mother vouch for the physical harassment and intimidation to which the first informant was subjected to. Prima facie, there is also material in the form of whatsapp communication which shows that when the first informant refused to proceed with the divorce proceedings, the applicant threatened to kill her husband. Video and photographs in which the applicant is holding a pistol, were forwarded by the applicant to the first informant,” the order reads.
Therefore, the high court rejected the anticipatory bail application while observing that an initial consensual act does not give license to a man to pursue a continuous course of physical, mental, and sexual exploitation.
Case title: Deepak Sitaram Moghe vs State of Maharashtra & Anr
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