← Library
Bombay High CourtABA/564/2025disposed off

Atul Bandu Pawar v. State Of Maharashtra And ANR

2025-09-26Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 564 OF 2025 Atul Bandu Pawar ...Applicant

Versus

State of Maharashtra And Anr.

...Respondents

.....

Mr. Rahul B. Vijaymane i/b Mr. Shubham Vasekar for Applicant. Ms. S. N. Deshmukh, APP for the Respondent No.1-State. Mr. Gautam R. Kulkarni Advocate for Respondent No.2. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

26th SEPTEMBER 2025 P.C.

1.

Applicant is apprehending arrest in Crime No.104 of 2019 registered with Karmala Police Station, Solapur Rural for the offences punishable under Sections 354, 354A, 324, 504 and 506 r/w 34 of the Indian Penal Code, 1860 and under Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012. 2.

It is prosecution's case that applicant has outraged the modesty of the daughter of the first informant. 3.

It is contention of learned counsel for applicant that incident had happened on 2019 and till date the police has not been arrested the applicant. Investigation is completed. The matter is settled out of the Court. Hence, requested to allow the application. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.29 20:27:28 +0530 SAJAKALI LIYAKAT JAMADAR

4.

It is contention of learned APP that the applicant has outraged the modesty of minor daughter of the first informant. Considering the allegations against the applicant, his custodial interrogation is required. Hence, requested to reject the application. 5.

It is contention of learned counsel for Respondent No.2 that the matter is settled out of the Court. The complainant was filed against the applicant due to misunderstanding. The Respondent No.2 has no objection to allow the application.

6.

I have heard all the learned counsels, perused the FIR and documents placed on record. The incident has occurred in the year 2019. Till date no action was taken against the applicant by the Police. Considering these facts, I pass the following order:

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in Crime No.104 of 2019 registered with Karmala Police Station, Solapur Rural, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount. (iii) The applicant shall attend the concerned police station as and when required.

7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 9.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)