JUDGMENT - Dr. PRATIBHA UPASANI, J.:---This criminal application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973, is made by the petitioner/accused, apprehending arrest in C.R. No. 240 of 2000 for offences punishable under sections 364, 366 read with section 120-B of the Indian Penal Code and prayed that in the event of their arrest, they be directed to be released on bail forthwith on such terms and conditions as this Court may deem fit and proper.

2. The brief facts of the case and the background leading to the petitioners making this application are required to be stated which are as follows :

One Vinayak Prabhakar Korgaonkar is the complainant in this case, who filed complaint on 15th April, 2000 at about 2.00 hours in Malad Police Station regarding missing of his wife Siddhi. This was registered as Missing Complaint No. 36 of 2000. Thereafter, on 13th June, 2000 at about 8.15 p.m. he again came to Malad Police Station and filed a written complaint specifically against the present petitioners, who are husband and wife, under sections 364, 366 read with section 120-B of the Indian Penal Code, accusing them categorically about alluring his wife Siddhi with financial gain and meddling in the domestic affairs of the complainant and his wife, of provoking her to aggravate the differences between the complainant and his wife which were essentially of the domestic nature and forcefully, with the help of some other persons and without her consent, kidnapping her and detaining her at some unknown place. The complainant also showed strong concern, apprehension and suspicion against both the petitioners that they had either done her to death or dealt with her in some other illegal manner. This was the specific allegation made by the complainant against the present petitioners in the complaint dated 13th June, 2000, which came to be registered at Malad Police Station.

3. In the said complaint, the complainant had given previous history about her and his wife's initial acquaintance with the petitioners which shortly transformed into the friendship and how they were very close to each other and how they used to often go for outing, to see cinema movies and to hotels. The complainant stated that in December 1999, petitioner No. 1 made inter-caste love marriage with petitioner No. 2, who was working in his office and when they went for their honey moon to Goa, the complainant, his wife-Siddhi and some of their common friends along with their families also went there and they had spent there about 8 to 10 days along with the petitioners in a happy atmosphere.

4. The complainant has further stated that petitioner Nos. 1 and 2 were Directors of St. Angelo Computers Ltd., which was having about 17 branches all over Bombay, having 2000 students availing computer education from the said institute. In February 2000, petitioner No. 1/Rajesh came to the complainant's office and told him that his company was going public and requested the complainant whether his wife-Siddhi would be willing to act as a Director of the said company. Siddhi agreed to this proposition.

5. The complainant has further stated that the complainant's father was suffering from paralysis and, therefore, had no control over his bowl movements. Since about 1 year and 3 months he had kept his parents at his distant relative's place at Virar and that sometime he used to take them to his place at Kandivali and again used to take them back to Virar. The complainant has stated that Siddhi used to resent her father-in-law's inability to go to the toilet as she thought that, it was unhygienic. On this point, there used to be quarrels between husband and wife. The petitioner used to come to know about these quarrels and petitioner No. 1 intentionally used to provoke Siddhi, instead of trying to work as a mediator between husband and wife. Siddhi, therefore, used to be displeased with the complainant and used to praise Rajesh. However, complainant never us

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