Bombay HC grants anticipatory bail to cop accused of sexual exploitation

The Bombay high court (HC) has granted anticipatory bail to a constable accused of sexual exploitation of a female colleague under the pretext of marriage

The Bombay high court (HC) has granted anticipatory bail to a constable accused of sexual exploitation of a female colleague under the pretext of marriage. The court prima facie held that as the sexual relationship between the two police personnel was consensual and voluntary from the beginning, the application can be allowed and directed the release of the accused in the event of arrest. The accused constable is posted with the traffic department at Malabar Hill.

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The single-judge bench of justice SK Shinde, while hearing the anticipatory bail application of Madhav Krishna Vasave was informed by advocate Arjun Kadam on June 11, that he had approached the HC seeking relief in the case registered at Byculla police station by a female colleague, as the sessions court had rejected his plea for protection in March.

Vasave was booked for offences of rape, outraging modesty of woman, cheating by personation under sections of the Indian Penal Code and for identity of theft under the Information Technology Act, 2000.

According to the complaint, the two got acquainted in 2017 while working together and got into a relationship. Vasave allegedly had not disclosed that he was married, and later when it came to light Vasave had said he would divorce his wife as she was psychologically unfit.

The complaint further states that on the promise of marriage Vasave forced her to have physical relation. He had allegedly also borrowed ₹1.5 lakh from her. When she asked him to return the money he allegedly abused her, following which she severed her ties with him.

The complaint further said that Vasave emotionally and physically abused the woman, pressured her to maintain a relationship, and recorded her videos and was threatening to upload it on social media.

The woman further said that after she agreed to marry another person in September 2020, the accused again threatened to post videos of her in compromising position. The marriage was later called off, following which she lodged the complaint in March, this year.

Advocate SR Nargolkar for Vasave submitted that the sexual relationship between the applicant and complainant was consensual and voluntary and the woman was aware that he was married. He claimed the allegations of video recording were false and added that Vasave had cooperated with the investigating officer by handing over his mobile phone. In view of this, he urged the court to grant Vasave protection from arrest.

After hearing the submissions, the bench observed, “The complaint, prima-facie, suggests that the love and sexual relationship between the applicant and the complainant was consensual and voluntary since beginning. It may be stated that after lodging the complaint, the complainant was examined by the medical officer.”

The court also directed the forensic science laboratory (FSL) to trace the deleted or available data on the mobile photo and submit its opinion and report on or before July 16.

The bench then posted further hearing to July 19 and directed Vasave’s release on executing personal bond of ₹50,000 in the event of arrest.