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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J
Kartik Kumar Naidu – Appellant
Versus
State Of Maharashtra – Respondent
JUDGEMENT :
1. This is an Application under Section 439 of CrPC, [ Code of Criminal Procedure, 1973] seeking Regular Bail in connection with F.I.R. No. 533/2024 registered with Shree Nagar Police Station, Thane on 08.08.2024 for offences punishable under Sections 376, 420 of IPC, [ Indian Penal Code, 1860] and Sections 66C, 66D of Information Technology Act, 2000. Applicant is arrested on 09.08.2024.
2. The incidents narrated in the FIR which form the basis of prosecution case are that, Applicant aged 43 year old and prosecutrix aged 30 year old got acquainted with each other since she was employed as a gym trainer at the gym owned by Applicant since December 2020; that since February 2021, she knew that Applicant was married and was having one daughter; that she chatted on phone for long hours with him initially regarding work and later started going out with him; their closeness then turned into a feeling of affection towards each other and after initial hesitation from prosecutrix and persistent demand by Applicant their professional relationship transformed into a love relationship in November 2021; since then both were constantly in touch with each other on a daily basis; since
The court determined that the relationship was consensual, undermining claims of forceful sexual assault, and granted bail based on the applicant's lack of prior criminal history.
The court determined that the relationship between the Applicant and prosecutrix was consensual, leading to the granting of bail despite serious allegations.
Inducement to have a physical relationship by promising marriage must have a clear nexus with moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and ....
The court determined that the relationship between the applicant and the prosecutrix was consensual, which influenced the decision to grant bail despite the prosecutrix being a minor.
The court held that a consensual relationship between a minor and an adult, in the absence of force, may warrant bail, emphasizing the importance of context and the nature of the relationship.
Point of Law : Petitioner allegedly transmitted the obscene photographs of the prosecutrix to the prosecutrix’s brother bringing him prima facie withing the domain of Section 67 of the IT Act, 2020, ....
The court emphasized that the nature of the relationship between the accused and the minor was consensual, impacting the decision to grant bail despite the legal implications of the minor's consent.
The court determined that continued consensual relations between parties undermined allegations of coercion, allowing bail based on absence of credible evidence of force.
Point of law: A woman’s body is not a man’s plaything and he cannot take advantage of it in order to satisfy his lust and desires by fooling a woman into consenting to sexual intercourse simply becau....
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