MHCC020058872024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.938 OF 2024
IN
C.R.NO.489 OF 2022
Gururaj Puttaraju Whiler
Aged about 30 Years, Occupation: Service,
Residing at Krishna Raj Pote Dodgadigan,
Mandiya Karnatak-571812.
..Accused/Applicant
Vs.
The State of Maharashtra
Through Kurla Police Station
vide their C.R.No.489 of 2022.

..Complainant/Respondent
Appearances :Ld.Advocate Mr.Moin Khan, for the Accused.
Ld.A.P.P.Mrs.Veena Shelar, for the State/ Respondent.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 7TH MAY, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.489/2022 registered with Kurla Police Station for the offence
punishable under Section 376 of the Indian Penal Code, 1860.

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02.

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Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
Complainant has filed reply at Exh. 03.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the accused is falsely implicated. He
submitted that the accused had gone abroad for his bread and
butter. His SIM Card was deactivated so he could not contact the
complainant. He further submitted that the complainant had
suppressed her caste which was the major reason for their breakup.
He submitted that the complainant started demanding amount and
gifts from him. The accused was arrested on 30/03/2024. Medical
examination of the accused is done. Statement of the complainant
under section 164 of the Code of Criminal Procedure, 1973 is already
recorded. He submitted that continued incarceration of the accused
is not required. There are no criminal antecedents attributed to the
accused. The accused is permanent resident of Karnataka. He is
ready to abide by all terms and condition imposed by the Court. He
has prayed for grant of bail to the accused.
04.

It is the contention of Ld. Addl.P.P that the offence is
serious in nature. She submitted that statement of complainant
under section 164 of the Code of Criminal Procedure, 1973 is
recorded. Medical examination of the complainant and accused is
done. If the accused is granted bail, he would pressurize the
complainant and tamper with evidence. If the accused is granted
bail, there is possibility that he would abscond and not remain
present for trial. She has prayed for rejection of the application.

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05.

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Perused record. FIR shows that on 2/4/2022 the
complainant was doing the promotion of Credit Card at Reliance
Mall, Mumbai. The accused approached the complainant for Credit
Card and they exchanged numbers. They started talking with each
other.

The accused told the complainant that he wanted to be
friends with her and also proposed marriage after few days. On
09/5/2022 at about 9:00 a.m., the accused called the complainant to
meet her, took her to Golden Sagar Hotel, Room No.211, Kurla,
Mumbai. The accused asked her sexual relations, when the
complainant refused, the accused pulled her near him and
established sexual relations with her many times. After that, they
went to Phonex Mall, came back to the hotel at night. The accused
again established sexual relations with the complainant. They stayed
for the night at the hotel. On 10/05/2022, they went to watch a
movie. On 11/05/2022, at 10:30 a.m. when the complainant called
the accused, he told her that he had reached Bangalore and he would
call when he is free and not to call him when he is at his home. On
14/05/2022 the accused refused to marry the complainant and told
her that he is already married. FIR was lodged on 01/06/2022.
06.

It is pertinent to note that the first sexual encounter of
the complainant and the accused took place on 09/05/2022. On the
next day, they have gone to watch a movie. It prima-facie shows
that their sexual relationship was consensual. It is the contention of
the accused that he is not married. It appears that he told the
complainant that he is married just to breakup. Whether the accused
is married or not would come up in the trial. At this stage, the Ld.
APP did not make any statement about the marital status of the
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accused.

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Thus, whether the promise to marry was false from
beginning is a question of trial. The complainant is 30 years old and
and was having sufficient maturity to understand the consequences
of one’ act. Without going into, whether the promise to marry was
false since inception as it depends upon the marital status of the
accused, at this stage whether the continued incarceration of accused
is required is seen. At this stage, the medical examination of the
accused is done. Statement of the complainant under section 164 of
the Code of Criminal Procedure, 1973 is already recorded.

Spot
panchanama is already prepared. Thus, though no charge-sheet is
filed yet, no propriety would be served by keeping the accused
behind bars. Thus, continued incarceration of the accused is not
required or warranted.
07.

Further, there are no criminal antecedents attributed to
the accused. The accused is permanent resident of Karnataka.
Similarly, to protect the complainant, avoid future dispute,
repetition of offence and ensure the presence of the accused for trial,
certain terms and condition can be imposed on him. For the
aforesaid reasoning, it is found fit to grant bail to the accused by
imposing certain terms and conditions. Hence the orderORDER
1. The Criminal Bail Application is allowed.
2. The accused Gururaj Puttaraju Whiler be released on bail
in C.R.No.489/2022 for offence punishable under section 376
of the Indian Penal Code, 1860 registered at Kurla Police
Station on Personal Bond of Rs.50,000/- (Rupees Fifty
Thousand only) with one or more sureties in like amount, on
following terms and conditions-
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(i) The accused shall not tamper with prosecution
evidence and witnesses.
(ii) The accused shall attend Kurla Police Station on
2nd and 4th Sunday in between 11:00 a.m. to 01:00
p.m. and as and when called by the I.O. on written
notice, till filing of the charge-sheet.
(iii) The accused shall not commit any offence.
(iv) The accused shall not upload any video or
photographs of the complainant on Social Media.
(v) The accused shall not leave India without
permission of the Court.
(vi) The accused shall not contact the complainant
or her family members directly or indirectly by any
means.
(vii) The accused shall furnish his permanent and
temporary address, if any, and his contact details to
the concerned police station.
(viii) The accused shall not change his residential
address without prior intimation to the Investigation
Officer and to the concerned Court.
(ix) If the accused disobeys any of the above
conditions, the prosecution is at liberty to move the
Court for cancellation of bail.
3.
Court.

Bail before the Learned Metropolitan Magistrate
Date: 07/05/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
07/05/2024
06.26 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
07/05/2024
ORDER signed by P.O. on
07/05/2024
ORDER uploaded on
07/05/2024