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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.1518 OF 2019

Karan Oberoi ...Applicant

Versus
State of Maharashtra ...Respondent

WITH
CRIMINAL APPLICATION NO.833 OF 2019
(FOR INTERVENTION)
IN
CRIMINAL BAIL APPLICATION NO.1518 OF 2019

Isha Jayesh Mehta ...Intervener

IN THE MATTER BETWEEN

Karan Singh Oberoi ...Applicant

Versus
The State of Maharashtra ...Respondent

Mr.Dinesh Tiwari a/w Mr.Swapnil Ambure, Mr.Mikhail Dey, Ms.Tanvi

Mehta and Ms.Archana Malvankar, i/b Dinesh Tiwari and Associates, for
the Applicant.

Mr.S.V.Gavand, A.P.P for the Respondent - State.

Mr.Shaikh Mohd Ibrahim, for the Intervener/Original Complainant.

P.I. - D.P.Sonavane, Oshiwara Police Station, Mumbai.

CORAM : REVATI MOHITE DERE, J.

DATE : 7th JUNE, 2019

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ORDER :

1. Heard learned counsel for the parties.

2. By this application, the Applicant seeks his enlargement on

bail in connection with C.R.No.169 of 2019 registered with the Oshiwara

Police Station, Mumbai, for the alleged offences punishable under Sections

376, 376(2), 384, 328 and 506 of the Indian Penal Code.

3. Learned Counsel for the applicant submits that the applicant

has been falsely implicated in the aforesaid case and that the same is clearly

evident from the material on record i.e. WhatsApp messages and the

applicant's complaints and N.C. He submitted that the applicant met the

complainant on a dating App 'Tinder' in August 2016 and that they became

friends and started meeting each other. He submits that the relations

between the applicant and the complainant were consensual and that when

the applicant realised after a few months that the complainant was into

black magic, voodoo and witchcraft, he started keeping distance from the

complainant. He submitted that at no point of time the applicant had made

any commitment to the complainant, about marriage. He submitted that

infact, as the complainant was incessantly calling him, the applicant had

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gone to the extent of blocking the complainant on all social platforms and

had even lodged complaints as against the complainant with the police on

17th October, 2018, 22nd October, 2018 and 26th October, 2018. Learned

Counsel relied on the said complaints made by the applicant to the

concerned police station, which are at page nos.172, 212 and 215 of this

application. Learned Counsel submitted that when the applicant started

avoiding the complainant, the complainant started stalking him on social

sites and started sending him WhatsApp messages asking him to meet her

for one last time. He submitted that the complainant was obsessed about

him as would be evident from the WhatsApp messages which were

exchanged between the applicant and the complainant between the period

from 2017 to 2018.

4. Learned Counsel for the applicant vehemently denies any

allegation of administering any stupefying substance in coconut water and

thereafter of rape and of filming the said act and of extortion on the basis of

this film. He submitted that the gifts allegedly given by the complainant to

the applicant were not gifts but were infact paid for, by the applicant in cash

after demonetization. According to the learned counsel, the fact, that the

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aforesaid complaint lodged by the complainant is false, is also evident from

the fact, that subsequently i.e. on 25th May, 2019, the complainant lodged

another false complaint/FIR to show that two unknown persons had

attacked her for withdrawing the complaint, only to ensure that the

applicant does not get bail. He submitted that the police in their

investigation in the FIR dated 25th May, 2019, have found that the said FIR

was staged by the complainant herself with the help of her lawyer and

others. He submitted that even the learned Judge while rejecting the

applicant's application for bail had observed that it was doubtful whether

the act of rape, administering a stupefying drug, filming the act and

extortion, as alleged by the complainant was committed by the applicant.

He submitted that the applicant is in custody since 5 th May, 2019 and as

such considering the material on record, he be enlarged on bail.

5. Learned Counsel for the complainant opposed the bail

application by filing the aforesaid Intervention Application. He relied on

certain WhatsApp chats to show that certain articles were allegedly

demanded by the applicant from the complainant. He submitted that the

complainant had purchased articles/gifts like coffee table, sofa, bed, lamps,

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wall clock, console, curtains etc., at the behest of the applicant. He

submitted that the applicant had taken advantage of the complainant and

had sexually assaulted her by administering a stupefying substance in

coconut water and thereafter had filmed the act and was extorting money

from her, on the basis of the said video film. Learned Counsel for the

complainant however, does not deny the contents of all the WhatsApp chats

exchanged between the applicant and the complainant, which are annexed

to the applicant's application. He submitted that the complainant is ready to

surrender her mobile, if the Investigating Officer so demands. He submits

that if the applicant is enlarged on bail, he is likely to tamper with the

witnesses. According to the learned counsel for the complainant, the

complainant is not concerned with the incident of 25th May, 2019 i.e. attack

on her. He submits that it appears that it is the complainant's lawyer who

planned the attack and that the complainant was not involved in the same.

Learned Counsel for the complainant also denies that the complainant has

anything to do with witchcraft, voodoo or magic, as alleged by the

applicant.

6. Learned APP states that the mobile and laptop of the applicant

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have been seized, however, the same could not be sent to the Forensic

Laboratory, as the applicant has preferred an application in the trial Court,

for providing him with the data in the laptop as well as in the mobile and

as the said application is pending. He, on instructions, states that the

Investigating Officer will take steps to seize the complainant's mobile in the

course of investigation. Learned APP on instructions further states that the

2nd FIR, which was lodged on 25th May, 2019 by the complainant, is found

to be a false. He on instructions submits that the investigation in the 2nd FIR

reveals that the said attack on the complainant on 25th May, 2019, was

staged by the complainant herself in connivance with her lawyer and others.

He submits that the lawyer has been arrested and so have the two assailants.

He further on instructions states that appropriate steps will be taken as

against the complainant also, who is the mastermind of the said attack

dated 25th May, 2019.

7. Perused the papers. The complainant is about 34 years of age

and her occupation on her web page is stated to be 'Astrologist and Psychic

- Alternative and Holistic Heath and Service – Home Decor'. The applicant

is aged about 44 years and is an actor and singer by profession. It appears

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that sometime in August 2016, the applicant and the complainant met each

other on a dating App 'Tinder', pursuant to which they started chatting on

the said App. It appears that thereafter they became friendly and started

meeting each other. According to the applicant, since the complainant was

also doing work of Home-Decor, he asked her to do the interior of his

house. It is the case of the applicant that due to demonetization in

November 2016, he gave her cash and asked her to utilize the same towards

the interior of his house. Learned Counsel for the complainant denies the

said fact i.e. of the complainant receiving cash.

8. It appears that the relations between the applicant and the

complainant, were consensual. A perusal of the WhatsApp chats shows the

nature of the relationship between the complainant and the applicant. The

WhatsApp chats for the period 2017 – 2018 show that the applicant was

trying to distance himself from the complainant, however, she was

incessantly messaging. As noted above, learned counsel for the complainant

has not denied the chats annexed to the application. It is necessary to

reproduce some of the chats exchanged between the parties, which casts a

doubt on the veracity of the FIR. The relevant chats are reproduced below.

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Karan Oberoi is referred as (KO) and First Informant is referred to as (FI).

“15th August, 2017 11.00 p.m.

FI - I don't know why sense distance ! And know I never say it just like
that ! know u for a while and know the way u respond ! It just seems to
distant. I know u will …....to what u have said. But deep down u know
what I am talking ! I am just speaking up as later if it keeps building up
which I always do it blasts at a point of time ! So thts the reason I am just
been too open this time.

16th August, 2017 2.26 p.m.

FI - Also if u don't need the hard disc currently please do sent it ! If you
require it no worries you can send it later.
KO – Sure, will send as soon as I transfer
FI – Thanks ! Though I am feeling very guilty for leaving u at this point
where u need me the most ! But I am left with no option
KO – Don't feel guilty swthrt ! Hopefully all the magic you have created in
my life will push me through !
KO – And help me stay afloat
FI – I am just tooo worried as everytime ! Have moved out there is a
bigger prob u have got to ! So it stresses me at the same time but after u
specified clearly.

27th August, 2017 3.26 p.m.

FI – U have distanced miles away from me ! Leaving me with no option

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then stepping back ! And wait for a while! But I am now not going to take
any further efforts if you choose to come forward it's your choice if not it's
completely ok ! Doesn't mean I am running away or disappearing at
atleast for now ! but I somehow don't get where have I failed with what I
have been with you ? I am just too helpless at this point !
I am just tooo hurt today and the damage is beyond repair ! Thank u for
everything !

29th August, 2017 11.53 a.m.

FI – Would it be possible for u to send shiva tonight? Even if not it's ok.
KO – Sure ! No probs will send him.
FI – Thank you
I don't know why taking care of yours is so important to me ! It's very
strange to me ! I don't want anyone to hurt u.
I seriously have some strong past life stuff with u ! I have never done this
before ! You to me is very much like a child who I feel like taking care of !

19th October, 2017 3.46 p.m.

FI – Good bye Karan ! Got all my answers blocking ur calls and mesgs as
well ! Tc!
U had a meeting at 2.30 right ! U lied to me yesterday and I don't kow how
many more all this while !
GOOD BYE
U don't care don't u ! Why I am even wasting my time ! Still expecting for

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u to reach out ! being extremely stupid to do so !

Can I still get a kiss ?
I am sure that is not much of an ask ? One last gift from u !

- FI – Karan I told u this last time also tht don't like been told that I can go
and have sex outside ! You don't love me fair enough ! But respect what
someone has tot you !
And if it just doesn't matter to you that I can sleep with anyone since you
are the strongest from both of us ! I would rightly suggest you should walk
out and not answer my calls or my mesgs no matter what ! That way few
months down the line atleast I would be stable !
U can't keep scaring a person over and over again and expect the other to
be sane ! if as u keep showing me the least important person in your life I
would highly suggest u walk out without turning back ! As I very much
noticed that u don't meet me purposely even if u do it's as short as possible
So fair enough u walk away now ! Since I am not as strong enough and
keep coming back again !
Good bye Karan ! I hope never see u again ! Gold bless you !
U will never find an idiot like me in your life ! Who keeps coming back no
matter how much ever been pushed ! And be there no matter what the
situation is ! If u cannot value person good for u ! U probably won't even
feel the vacuum in ur life ! Thank u for teaching me how to receive
rejections in all possible way ! Thank you !

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- FI – Ok ! I am not lashing if u feel so ! I am just saying what I felt ! And

that's all !
Karan it's best we don't talk ! There is no point discussing on the same
thing with different angles ! Just creates crap ! I am not responsible for
the decision u make ! And once an for all I withdraw everything !
Around u ! Me, my energies and everything ! u can fight ur own battles
u don't need me or anyone ! Wishing u good luck and my love for u does
not change no matter what u decide ! Its ur choices which will shape up
ur future ! Good bye !
And one last thing it's to clarify me ! It's never lashing it's frustration
which is ! And its not ur fault u and I cannot be the same it's stupid of me
to expect also I never walk around with my guards on ! But if u are fearful
based on ur past I should let us be ! Thanks for the gift u have been to my
life ! U had been a huge contribution ! Thank you.
And sorry I took up other people's point of view and created a mess
between us! Extremely sorry ! And take care.

- FI – I had no clue this class is happening else wud had been the first
person to go ! Just tht it's too late now last to last year I went for this class
and it changed my world completely.
The only reason I love access it's bra cause they don't judge anyone they
accept everyone as they are and then offer a different side of u which u
have never acknowledged ! And I felt the same when I met u for the first
time told u what I am and what do I do ! And u did not judge me! I told
this to my mom also few days ago ! Thank you for not rejecting me based

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on what I do !! You saw me for me and not what I project to the world !!
Because* typo error came up as bracause!! Lol

31st October, 2017, 2.32 p.m.

FI – Karan I am just too numb about my feelings for u ! All I feel is lost
in this bargain ! It's not your fault but I cannot continue this anymore !
Even if feelings from your end blossom but I don't think I am in a
position to offer love any further as with recent instances it may be just
hurt or anger but I do not feel the same way anymore ! I just feel
obligated towards u ! And that is it ! Coz I am falling short in receiving
the love I deserve from your end ! Si ut's better we call it off ! Tc

KO – I totally understand and respect that Isha ! Am so so sorry I couldn’t

offer more ! You are one of the most genuinely wonderful souls I have
EVER met and I will forever in debt to you for how positively you have
tried to change my life for the better ! You stay blessed and the angel that
you truly are !
FI – Thank you

- FI – And one last thing it's to clarify me it's never lashing its frustration
which is ! And it's not your fault you and I cannot be the same. It's stupid
of me to expect also I never walk around with my guards on. But if u are
fearful based on ur past I should let u be ! Thanks for the gift u have been
to my life ! U had been a huge contribution ! Thank you

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FI – And sorry I took up other people's point of view and created a mess
between us ! Extremely sorry ! And take care

And I know it's stupid but can I get a last kiss from u ! No conversation
just a kiss and I will be out ! Just a last memory of urs to remember !

2nd November, 2017, 12.47 p.m.

FI – Karan I have heard enough amount of No's for u.

You want to meet me. No
I asked u for a relationship. No.
I asked you for a day out. No.
I asked for a Kiss. No.
U don't want to have any form of intimacy with me.
Today the whole thing happened as a joke but ur discomfort just moved
me back ! you know I was just fooling !
All these things indicates one thing I am not important in your life ! I am
not the types you can even get intimate with.
And there is something seriously wrong with me !
So why the fuck even I am creating efforts when I am told I am not worth
it ! It's time for tables to turn !
It's you who would take efforts now if you think U want me around ! I
know your like is ur priority but even if I am important for a percent also
show me !
I feel miserable about myself day by day ! based on everything you make
me feel !

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Besides me everyone else is most important to u !

I feel like a door mat and nothing more !
So if u say I am important it's time to show it if not I know what is !

10th November, 2017, 4:34 a.m.

FI – Karan I seriously don't know what I should be doing this time ! Do I

love u any more I AM NOT SURE OFF ! And it bothers me that I am
disturbing u ! I care way too much for u then u may even know ! And
that the only reason I keep coming to you again ! Which is also a
surprise element in my life I am a person who runs from discomforting
situations and yet time and again keeping myself respect aside I keep
coming and really don't know why is it so ! I am not a person who would
have stayed in a similar situation for soo long these questions have lead
me to sleepless nights I haven't really slept for more then 4 hours at max
sometimes and hour or two for last one months and a half ! All I care is ur
security and happiness and that is all I see you have distanced from me !
If you think me around is not a comfortable space please let me know and I
would be happy to do so, all I care for is ur happiness all u have to do is
say ! Have a great morning and a wonderful day ahead !

23rd December, 2017, 10.49 am

FI – Karan I know this would be tough especially for me ! A friend of mine

had proposed to me few weeks ago ! Which I walked away saying that I
love someone else ! I again bumped into him yesterday at my friends place

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and this man genuinely loves me and I don't want someone to go through
the way I have gone through ! Since it has always been one sided in our
scenario I want to give this man a fair shot and it will not happen until I
am around you as u very much know me I am not the cheating kinds ! So
before I start anything with him I wanted to talk to you and let u know as
it's unfair on you if I just walk away without letting u know !
I am not even sure if this thing will have future but have learnt one thing
coz of him how I am suppose to be treated and taken care of and I don't
want anything less then that !
So it's a good bye – I wish I could have met u once but I don't want to
fall weak again !
You take extremely good care of yourself and do very well !

- FI – Thats a human tendency to not value something until it's lost ! So let
it be
I won't message u or call u now on ! As it is the amount of cold I have got
I don't see it happening
As for me now it doesn't even matter tht u r there or u r gone !
As you never were
If I was sooo valuable to u Karan u wud have made sure that I would
never go ! But all u made me feel is crap ! Thanks for all the nastiness in
return for my love and care.
One last thing to vent ! U think that u always think about others and not
for urself it's a greatest dilemma u r living in ! As u only and only think
about urself no one else matters to u but u !

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24th December, 2017, 2:19 p.m.

FI – I won't disturb u now onwards ! Goodbye

You never loved me and u never will !! Sorry for everything
U r making it easier to walk towards this man ! All yesterday I was feeling
bad for doing it but u are more then happy that I leave anyway.

9th January, 2018, 10.17 p.m.

FI – Karan everything okie I have noticed u don't respond to my

emotional stuff ! And there is a weird energy around it ! If u don't want
me around please let me know ! As I don't know what it is but something
doesn't seem straight !
And I would prefer an honest conversation I will not call or mesg post this
if I am important to u, u will
This time u have told me upfront to go away ! And u said me going away
will make ur life better so be it ! U cannot keep throwing someone away
time and again and expect them to be super nice.
You could have just said tht u love me before u let me go ! Coz I know u
do ! Anyway ur call ! Take care.

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10th January, 2018, 11.09 a.m.

FI – Dont' worry, had not called to fight just wanted to check if ur ok !

Neither want a way in since u have walked out!

- FI – U have hurt me today beyond measures ! God bless u ! After this I

shall never reach out to u ! Did my last bit today as promised !
U have pushed me a lot ! For whatever I have been with u, this is not
something I deserve ! I am glad I came to meet u else.. wud have still on the
same track this was the last thing required thank
Thanks ton !

FI – Need to have a word with u there is no lies, chaos or a fight general

discussion would take about a minute let me know when u r free
I am ok with texting u also let me know what works
As it's just an ask nothing more ! Sorry for so many mesgs.

13th January, 2018, 5.25 p.m.

KO – Can't talk right now

FI – Shud I just text then
Karan, I am being open an upfront !
Can we have sex !
Without thinking about future, emotions or anything else just for now !
As my body needs it and I won't be comfortable indulging with anyone
else!

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So let me know what u think about it?

KO – Am not in the frame of mind for it right now Isha ! Way too pre
occupied with my career ! Too fucked in the head !

- FI - U have already made me nasty in ur bead

KO – Nope !
That will never happen
And you will never know any better, though
Take care n stay blessed ! I wish you the love and affection you truly
deserve.
FI – Karan what are we getting to
That is not me
I am sorry for my behaviour.

- FI – No pls I don't like behaving a certain way

And this does require any apology
Phone or mesgs don't do tht not Bit.
KO – We will meet soon !
Not right now Hun! Please understand
FI – Ok take ur time
I am sorry being really nasty with you off
KO – Don't think about it
Let it go
Just be happy n cheerful
FI – I want to change certain things for u

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KO – Am going to go now and start my work day

FI – Which off lately I have not coz of my anger
I don't know what's wrong with me
I have a class to take right now too ! My students ae waiting and I have yet
to get ready.

19th February, 2018 1.54 p.m.

FI – Karan there is no room for drama in my world ! I cannot be in a

conflictual universe all the time where I am wanted and unwanted at the
same time ! U have decided not to be with anyone respecting that I shall
rather not waste my time and energy on something that is closed ! Take
care of yourself !
KO – Ok Isha ! You too take care n stay blessed ! Hugs n love

- FI – Based on all of this you won't realise when you will loose me totally
and there would be no space to even repair
And I am sure from my latest conversation with you, u r actually realizing
how could I have become ! It's scares me to death ! I feel like a dead body
walking
KO – If I am to be blamed then I am really sorry for it ! Was never my
intention.
FI – Ok react like this it's great
FI – It's very easy for u to let me go right ! So be it ! Completely ur loss !
As u will never ever find someone like me ! Good luck to YOU”

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9. Apart from the aforesaid WhatsApp chats, there are certain

other messages, which are from page nos.182 to 195 of the application, sent

by the complainant to the applicant. There are several messages and it is not

necessary to reproduce all of them. Suffice to state, that during 2018

approximately from May to September, 2018, the crux of the messages sent

by the complainant are to the effect; asking the applicant to give it a fresh

try; asking him to respond to her calls and messages; asking him why he was

ignoring her; asking him to pick-up for one last time; saying good bye but

again contacting the applicant; observing that he was on-line but was

ignoring her messages; asking him for a picture with him as a memory, since

there are no pictures of them together; stating that she had written the

applicant's name on her hand and it will be till her death; stating that he was

ignoring her; stating that she had made a deal with the universe and had

given universe 24 hours and that either he should take a step forward

towards her or make her forget the applicant totally; stating that it will be

alright if he did not step forward and that he should have a wonderful and

fruitful life ahead. She has stated that she was keeping distance as the

applicant wanted the distance. She has stated her love for the applicant and

stated that she wanted him to grow and shine.

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10. A perusal of the aforesaid messages from page nos.182 to 195

shows that the complainant was incessantly sending messages to the

applicant who was responding occasionally; that the complainant would ask

him to meet her one last time and say good bye and when he refused to

respond again send messages. Record shows that several calls were also

made by the complainant to the applicant, which were not received by him.

11. Infact a perusal of the aforesaid WhatsApp and several other

WhatsApp messages annexed to the Application, prima facie shows that

the complainant was obsessed with the applicant and wanted to get back

with the applicant and that the applicant was trying to avoid her. It also

appears that the applicant had lodged 3 complaints; i.e. (i) an N.C.

complaint dated 17th October, 2018, with respect to an incident of 15 th

October, 2018. The said N.C. complaint is on page 212 of the application.

In the said N.C lodged against the complainant, the applicant has alleged

that the complainant called him up and asked him where he was and when

he replied he was working, the complainant stated that if he does not meet

her, she would lodge a false complaint against him and also told him that

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law favoured women. It is further alleged by the applicant that when he

told her off, the complainant threatened to teach him a lesson. (ii) In the 2 nd

complainant dated 22nd October, 2018, lodged by the applicant with the

Senior Inspector, Oshiwara Police Station, Mumbai, which is on page 172

of the application, the applicant has stated that the complainant was

harassing, intimidating, coercing and threatening to make false accusations,

as against him and was mentally harassing him with voodoo magic. He has

further stated that in the said letter dated 22 nd October, 2018, that the

complainant was insanely calling and texting him and that she would land

at his residence and create chaos at every opportunity. He has stated that

he had been patiently putting up with the complainant's acts because of

the fear of her witchcraft and constant threats to his personal being and his

family. He has stated that he had made it absolutely clear to the complainant

that he was not interested in her, being part of his life in clear messages.

He has also stated that he feared for his life and damage to his reputation as

a public figure. He has stated that though he had explained to the

complainant, not to be obsessed with him, she would understand for a few

days and thereafter contact him again. (iii) The 3 rd complaint made by the

applicant to the police is dated 26th October, 2018, where he has reiterated

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the acts of the complainant of incessantly calling him, texting him and

landing up at his residence and creating chaos in the society. He has in

detail set out the acts of the complainant, her black magic, how despite

blocking her, she would connect with him, including by getting a US

number, how when he and his mother fell ill, she stated it was due to her

black magic and witchcraft, how he (applicant) was trying to be civil with

her, due to fear of harm to his family, how the complainant had become

obsessive about him etc. To the said complaint, the applicant had attached

the details of the messages sent by the complainant.

12. It appears that the complainant had also filed an N.C. on 25 th

October, 2018, as against the applicant, which is on page 225 of the

application, alleging that when she asked the applicant to return the gifts

given by her, the applicant abused and threatened her. In the said NC, there

is no reference to any physical exploitation by the applicant. A perusal of

the WhatsApp messages some referred to hereinabove and several other

messages prima facie show that the complainant was obsessed with the

applicant and that though the applicant was trying to avoid her, she was

trying to contact him. The incident of rape is alleged to be in January, 2017

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and even thereafter under threat from time to time. It is alleged that, the

applicant again in February 2018 had physical relations with her, after

promising marriage. Thus, according to the FIR, from January 2017 to

February 2018, the applicant had physical relations with her, after

promising to marry the complainant. The said allegations as mentioned in

the FIR if juxtaposed with the WhatsApp messages sent by the complainant

from 2017 to 2018, particularly the WhatsApp message of 13 th January,

2018, most of which messages have been reproduced hereinabove, suggest

something to the contrary. The message of 13th January, 2018 shows that it

is the complainant who wanted to have physical relations with the

applicant, which was repelled by the applicant. As noted earlier, the

complainant had not denied the contents of all the WhatsApp chats

reproduced by the applicant in his application. In these circumstances, on a

perusal of these messages, it is prima facie doubtful, whether there is any

merit in the allegations made by the complainant, against the applicant that

the applicant raped her after administering a stupefying substance and

thereafter made a video film of the same and continued to have physical

relations with her upto February 2018, by promising marriage. Prima facie,

the messages/chats do not even remotely suggest that any such incident as

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alleged had happened or that the applicant had promised marriage. Infact,

the messages and complaints show that the applicant was trying to distance

himself from the complainant, who was obsessively trying to contact him.

It is also pertinent to note that the complainant lodged an FIR on 25 th May,

2019, stating therein that two persons had attacked her and that the said

persons threatened to throw acid on her and threw a chit asking her to

withdraw the case. During investigation, it has transpired that the said FIR

dated 25th May, 2019, lodged by the complainant is false. Infact,

investigation reveals that the complainant herself orchestrated and staged

her own attack, the obvious reason being to ensure that the applicant is not

released on bail. As far as the gifts allegedly demanded by the applicant

are concerned, prima facie, a perusal of the WhatsApp messages relied

upon by the learned counsel for the complainant, shows that infact no such

demand was made by the applicant. It appears that the complainant was

doing up the house of the applicant and that the articles to be purchased,

were being shown to the applicant, before purchase and as such there is no

merit that the gifts were being extorted by the applicant from the

complainant. There is nothing in the messages, to even remotely suggest

the same.

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13. What is particularly disturbing in the facts, is that the Senior

Inspector, Oshiwara Police Station, Mumbai, was well aware of all the 3

complaints made by the applicant in October 2018 itself. He was also aware

of the WhatsApp chats submitted by the applicant to him, with one of the

complaints. The officer was also aware of the N.C lodged by the

complainant, in 2018, against the applicant, where there was no mention of

rape etc. With all this material before him, the officer ought to have

examined the complainant's instant FIR fairly and impartially, before

mechanically effecting the applicant's arrest. In cases such as these, police

must be circumspect and cautious, as arrest of a person is a serious matter.

Learned APP on instructions assures that the Investigating Officer will

conduct a free-fair and impartial investigation and take the case to its

logical end. He also states that all the messages exchanged between the

parties will also be investigated thoroughly.

14. Learned counsel for the applicant, vehemently submitted that

the complainant was into black magic, voodoo and witchcraft. Learned

Counsel relied on the messages set out in Exhibit – 'G' of the application i.e.

page nos.147 to 149. Learned counsel for the complainant denies any such

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activity by the complainant. It appears that from pages 147 to 149, there

are messages allegedly sent by the complainant, in which she talks about

demons, working on activating all blood lines including angelic, demonic,

fairy, werewolves, vampires etc. On page 146 of the application, the

complainant's web page reads as 'Eternity by xx (victim's name) is a one

stop shop wiccan, healing and metaphysical store with wholesale prices.'

As noted, learned counsel for the complainant has only denied messages on

page nos.147 to 149. Be that as it may, it is always open to the police to

look into the said allegations and if there is merit in the same, take

appropriate steps as against the complainant in accordance with law.

15. Having regard to what is stated herein-above, the application

is allowed and the applicant is enlarged on bail on the following terms and

conditions:-

ORDER

i) The Applicant - Karan Oberoi be released on cash bail in the sum of

Rs.50,000/-, for a period of eight weeks;

ii) The Applicant shall within the said period of eight weeks, furnish
P.R. Bond in the sum of Rs.50,000/- with one or more sureties in the like

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amount;

iii) The Applicant shall attend the concerned Police Station, on 20 th

June, 2019 and furnish all details that he intends to submit to the concerned
Police Station;

iv) The Applicant shall not contact the complainant or any person
concerned with the case;

v) The Applicant shall co-operate in the conduct of the trial.

16. The Application is allowed and disposed of in above terms.

17. In view of the aforesaid, the Intervention Application being

Criminal Application No.833 of 2019 does not survive and the same is also

disposed of.

18. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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