Bombay High Court
Narsimha Bichappa Shirvati vs The State Of Maharashtra on 3 September, 2021
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
Chittewan 1/3 14. BA 2077-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally signed by
RAJESH RAJESH VASANT
VASANT
CHITTEWAN
CHITTEWAN
Date: 2021.09.13
14:51:27 +0530
BAIL APPLICATION NO.2077 OF 2019
Narsimha Bichappa Shirvati ... Applicant
Versus
The State of Maharashtra ... Respondent
.....
Ms. Akshada Pasi for the Applicant.
Mr. P.H. Gaikwad, APP for the State.
Ms. Mohite, PSI, Kalachowki Police Station.
.....
CORAM : SMT. ANUJA PRABHUDESSAI, J.
(Through Video Conferencing) DATE : 3 SEPTEMBER 2021 P. C. :
. This is an application under Section 439 of the Code of Criminal Procedure filed by the aforesaid Applicant, who has been arrested in C.R. No.57 of 2018 registered at Kalachowki Police Station for offences punishable under Section 376, 419, 506, 509 of Indian Penal Code read with 2(B) sub-sections 5 and 3 of the Maharashtra Prevention of Eradication of Human Sacrifice and Other Inhuman, Evil & Aghori Practices and Black Magic Act, 1923.
2 Heard Ms. Akshada Pasi, learned Counsel for the Applicant and Mr. P.H. Gavand, APP for the State. Perused the record and considered the submissions advanced by learned Counsel for the respective parties.
Chittewan 2/3 14. BA 2077-19.doc 3 The aforesaid crime was registered pursuant to the first information lodged by the Prosecutrix. She has alleged that she used to teach Marathi to one Lata. On 11 April 2018, about 11.00 a.m., she had gone to the house of Lata to give tuition. She claims that she had seen one unknown person, who had worn a saree like an eunuch, coming out of the bathroom. The said person called the Prosecutrix to the bathroom and told her that she was inflicted by evil eye. He held turmeric, lime and rice in his hands, chanted some 'mantras' and applied it on her body to ward off the evil eye. As she felt dizzy, the said unknown person closed the door, pulled his saree and underpant down and thrust his genital in her mouth. She pushed him and came out of the bathroom. The said unknown person threatened her not to disclose the incident. He once again applied oil on her forehead, knees and elbows and told her and Lata that he would get a sacred thread the next day. When Lata told her to characteristics of eunuchs she narrated the incident and told Lata that the said unknown person was not an eunuch. Later in the day, the Prosecutrix also informed her husband about the incident. She told her husband to come to Lata's house the next day since the said unknown person had assured to come with sacred thread. As expected, on 11 April 2018, the said unknown person came near the house of Lata. The husband of the Prosecutrix and other people gathered at the spot, caught and assaulted the said person. The police came to the place of the incident and took him to the police station. The said person disclosed his name as Narsimha Bachappa Chittewan 3/3 14. BA 2077-19.doc Shirvati.
4 The statements of Lata and other witnesses, prima facie, corroborates the FIR. The medical certificate prima facie suggests that the Applicant did not have characteristics of eunuch and specifically states that "there is nothing to suggest that the said person is incapable to perform the sexual intercourse of oral penetration."
5 The material on record, thus, prima facie indicates that the Applicant, who was dressed in a saree like an eunuch, made the Prosecutrix believe that she was inflicted by 'evil eye' and assured that he could ward off 'evil eye'. There is also prima facie material of oral sexual penetration. Hence, there are reasonable grounds to believe that the Applicant is involved in committing the crime, which is of serious nature. The gravity of accusation and the severity of punishment does not justify grant of bail. Moreover, the Applicant is a native of Karnataka and the possibility of the Applicant absconding and thwarting the course of justice cannot be ruled out.
6 Hence, the application is dismissed.
7 Considering the fact that the Applicant is in custody since 2018, the learned Judge is requested to conclude the trial expeditiously and in any event, within one year from the date of this order.
(SMT. ANUJA PRABHUDESSAI, J.)