Woman gets pre-arrest bail from HC in case by lesbian partner
PTI | Jul 22, 2018, 15:38 IST
MUMBAI: The Bombay High Court has granted protection from arrest to a city-based woman, accused by her lesbianpartner of committing a criminal breach of trust and another offence under the SC/ST Act.
Justice A M Badar, in a judgement delivered last week, granted anticipatory bail to the woman, who had filed an appeal against an order passed by the trial court last year rejecting her request for protection from arrest.
He said the complainant, who belongs to a Scheduled Caste, failed to establish that the petitioner had committed any offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
As for the allegation of breach of trust, the complainant had alleged that despite being in a relationship with her, the petitioner had continued to maintain “sexual relations with her husband and with other men”.
Justice Badar, however, noted that the allegation of breach of trust was questionable since the legality of their relationship could not be considered by the high court in an application of pre- arrestbail.
As per the petitioner’s plea, she and the complainant woman had been friends since 1997.
“The acquaintance developed into an intimacy and subsequently into a homosexual relationship” between them, the plea reads.
— Read on m.timesofindia.com/india/woman-gets-pre-arrest-bail-from-hc-in-case-by-lesbian-partner/articleshow/65090326.cms