Bombay High Court
Imtiyaz Fazaluhaque Khan vs The State Of Maharashtra on 3 January, 2019
Author: Prakash D. Naik
Bench: Prakash D. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2065 OF 2018
Imtiaz Fazalulhaque Khan Applicant
versus
The State of Maharashtra Respondent
Ms.Veena Dubey for applicant.
Ms.A.A.Takalkar, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 3rd January 2019
PC :
1. This is an application for anticipatory bail in connection with
CR No. 408 of 2018 registered with Oshiwara Police Station for the
offences punishable under Sections 354(A), 509 and 506 of Indian
Penal Code and Section 12 of POCSO Act.
2. The complainant is the niece of the applicant who is aged
about16 years. FIR was lodged on 15 th September, 2018. It is
alleged there was a dispute over the property between the applicant
and the family of the complainant. Applicant is the uncle of the
victim. On 15th September, 2018 the complainant was proceeding to
Okaz Shopping Centre at Andheri to attend birthday celebrations of
her friend Humaira. At that time complainant met her friend
Humaira and while talking to her, the applicant accused who was
standing near Okaz Shopping Center called her. Humaira stood
aside. Accused told complainant that she should go to Mahim and
should not come to that area. It is further alleged that applicant
thereafter abused the complainant in filthy language and used
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obscence words as reflected in the First Information Report and
threatened her for the cool response given by the complainant to him
and stating that she should not show attitude, otherwise acid will be
thrown on her face. Subsequently, FIR was lodged.
3. Case of the applicant is that the complainant is the daughter of
his real brother. His real brother and the applicant's son were
murdered. The accused involved in said murder were closely
associated with Hmaira. Sole intention of the applicant was to inform
the complainant that she should keep herself away from Humaria. It
is further submitted that taking the allegations as it is, the offence
under Section 354A of Indian Penal Code is not made out. It is also
submitted that there is no physical assault and only on the basis of
abusive words Section 12 of POCSO Act and provisions of Penal
Code has been invoked against the applicant. Application preferred
by the applicant before the Sessions Court has been rejected.
4. Learned APP submits that the accused has issued threat of
throwing acid on the face of the complainant and also used abusive
language against her.
5. The applicant was granted interim protection vide order dated
6th October 2018. While granting interim protection it was directed
that the applicant shall attend Oshiwara Police Station as and when
called by the investigating officer. It is submitted by learned
advocate for the applicant that the applicant was not called for
interrogation by the investigating officer. While granting interim
protection it was observed that by order dated 6 th October 2018 there
is a dispute between the applicant and family of complainant.
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Applicability of Section 12 of POCSO Act as well as Section 354 of
IPC is debatable. Considering the nature of offence, the applicant
was directed to co-operate with the investigation.
6. In the circumstances, interim protection granted earlier can be
confirmed. Hence, I pass following order :
ORDER
(i) Criminal Anticipatory Bail Application No.2065 of 2018 is allowed and disposed off;
(ii) In the event of arrest of applicant in connection with CR No.408 of 2018 registered with Oshiwara Police Station, the applicant be released on bail on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(iii) The applicant shall attend the investigating officer of Oshiwara Police Station as and when called by the investigating officer till filing of charge sheet.
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