KARTIK KUMAR NAIDU vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

34.BA-4366-2024.docx Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4366 OF 2024 Kartik Kumar Naidu .. Applicant Versus State of Maharashtra and Anr. .. Respondents ....................  Mr. Vikram Sutaria a/w Mr. Hafizurrehman Chaudhary, Ms. Meera Revade, Mr. Sangharsh S. i/b Mr. Sadik T. Pathan, Advocates for Applicant.  Ms. Megha Bajoria, APP for for Respondent No.1 – State.  Mr. Atul Pathak, Advocate for Respondent No.2.  Mr. P.A. Yerunkar, ASI - Shree Nagar Police Station, Thane. ................... CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 20, 2025 JUDGEMENT: 1. This is an Application under Section 439 of CrPC 1 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 2 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 1 Code of Criminal Procedure, 1973 2 Indian Penal Code, 1860 1 of 13 34.BA-4366-2024.docx 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 consta