JIMMY MANEK KATRAK Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-10-219
HIGH COURT OF BOMBAY
Decided on October 30,2021

Jimmy Manek Katrak Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

N.J.JAMADAR,J. - (1.)This is an application for pre arrest bail in connection with C.R.No. 550 of 2019 registered with Yerwada police station, Pune for the offences punishable under section 354-C and 509 of Indian Penal Code, 1860 and section 12 of the Protection of Children from Sexual Offences Act, 2012.
(2.)The indictment against the applicant is that the applicant used to visit the house of the frst informant as they were dealing in a tours and travels business in, partnership, since year 2007. The frst informant left the said business in the year 2013. However, the applicant continued to visit the house of the frst informant. In the year 2018 the applicant lodged a report with Child Welfare Committee (CWC) alleging that the adopted daughter of the frst informant was in need of care and protection. Pursuant to the order passed by CWC the frst informant took the child for counseling at the offce of CWC, Mankhurd. On 19 th September, 2019 the counselor informed the frst informant that the victim had narrated to her the incident which occurred in the year 2016 wherein the applicant had allegedly taken photographs of the victim in an inappropriate state and had shown those photographs to the friends of the victim on 22nd December, 2016, as those children had come to celebrate her birthday. The applicant had allegedly also attempted to poison the mind of the child by repeatedly telling that her mother (frst informant) was not a good person.
(3.)By an order dated 18th November, 2019, this Court had granted ad-interim protection recording inter alia that the incident had occurred prior to three years of the lodging of the report. No grievance was made when the child was interacted on 15th January, 2019 and 11th March, 2019 at CWC.


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