The Bombay High Court recently granted interim pre-arrest protection to a traffic constable of the Maharashtra Police who was suspended for allegedly raping a policewoman.
A single judge Bench of Justice Sandeep Shinde was hearing a plea filed by Madhav Vasave seeking anticipatory bail. On March 17, the sessions court had directed the State not to take coercive action against the accused, but declined to grant him protection from arrest.
Mr. Vasave joined the force in 2006 and met the complainant, who was posted at a police station, in 2017. They entered into a sexual relationship, but in 2019 she learnt that he was already married. According to the complainant, the accused told her that his wife was mentally unsound and he wanted to divorce her. The policewoman also said that the accused started abusing her when she asked him to return the ₹1.5 lakh he had borrowed from her.
She said that the accused threatened to circulate her intimate videos and photos if she left him. The complainant also said her marriage was called off last year after the accused sent objectionable messages to her fiancé and his sister.
An advocate appearing for Mr. Vasave said the sexual relationship was consensual and the complainant was aware of his client’s marital status. The advocate argued that Mr. Vasave’s custodial interrogation was not necessary as he had handed over his mobile to the investigating officer (IO) to verify allegations of him recording obscene videos and taking photos of the complainant.
The court said, “Taking into consideration the facts of the case and since the applicant [Mr. Vasave] has now been suspended from service, he would be available for investigation. Further, he has handed over his mobile phone to the IO for analysis. Prima facie, I am of the view that the case is made out for granting interim pre-arrest protection to the applicant.”
