Prathamesh Mahadev Karade v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1586 OF 2025 Prathamesh Mahadev Karade ...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

.....

Mr. Soham Pawar i/b Rajesh More for Applicant. Dr. A. A. Takalkar, APP for the Respondent-State. Mr. Abhijit V. Alange Advocate for Respondent No.2. PSI Bhalerao D.S., Barshi Taluka Police Station, present. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

26th SEPTEMBER 2025 P.C.

1.

Applicant is apprehending arrest in Crime No.100 of 2025 registered with Barshi Taluka Police Station, Solapur Rural for the offences punishable under Sections 78, 351(2) of the Bhartiya Nyaya Sanhita (for Short "BNS") and under Section 12 of the Protection of Children From Sexual Offences Act, 2012.

2.

It is prosecution's case that applicant stalked the victim on various occasions and threatened her to speak with him else he will commit suicide.

3.

It is contention of learned counsel for applicant that applicant while on interim relief, he has co-operated with Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.29 20:03:52 +0530 SAJAKALI LIYAKAT JAMADAR

investigation. The applicant is student. He is 19 years old. He has surrendered his mobile with investigating officer. The investigation is almost completed. Hence, requested to allow the application. 4.

It is contention of learned APP along with Respondent No.2 that applicant had stalked the victim and he forcefully gave mobile to the victim and threatened her to speak with him else he will commit suicide. If applicant released on bail, he may threaten the victim or prosecution witnesses. Considering the allegations against the applicant, his custodial interrogation is required. Hence, requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. It is contention of learned APP that while on interim relief, the applicant has cooperated with the investigation and handed over his mobile to Police. Investigation is almost completed. Considering these facts as well as the applicant is 19 years old boy and student, his custodial interrogation is not required. Hence, I pass the following order.

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in C.R. No.100/2025 registered with Barshi Taluka 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 not tamper with the evidence or attempt to influence or shall not contact the victim, witnesses or any person concerned with the case. (iv) The applicant shall attend the concerned police station as and when required.

6.

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

7.

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. 8.

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