Laxman Sadashiv Mang v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3090 OF 2025 Laxman Sadashiv Mang ...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

.....

Mr. Abhishek Kulkarni a/w Mr. Sagar Wakale and Mr. Sadashiv Kamble for Applicant.

Smt. S. N. Deshmukh, APP for the Respondent-State. Ms. Swati J. Goud, appointed Advocate for Respondent No.2 through legal-aid.

.....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

9th OCTOBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.205 of 2025 registered with Jath Police Station, District Sangli for the offences punishable under Sections 64(2)(a), 64(2)(f), 64(2)(i), 64(2)(m), 75(1), 75(2) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Sections 4, 6, 10 of the Protection of Children From Sexual Offences Act, 2012.

2.

It is prosecution's case that the applicant is cousin of first informant and he sexually assaulted her on various occasions on the Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.10.11 14:13:56 +0530 SAJAKALI LIYAKAT JAMADAR

promise of marriage. At the time of first incident, the victim was minor. The applicant is police constable in Karnataka Police. He was aware about the age of victim and the provisions of law. 3.

It is contention of learned counsel for applicant that at the time of incident the victim was aged around 17 years old. There was love affair between the applicant and victim. There is delay in lodging the complaint. There is no medical examination of the victim. The applicant is behind bar for more than 7 months. Investigation is completed and charge-sheet has been filed. Hence, requested to allow the application.

4.

It is contention of learned APP along with learned counsel for Respondent No.2 that applicant sexually assaulted the victim on several occasions on the promise of marriage. The applicant is police constable in Karnataka Police. He is aware about the provisions of law. In spite of that he sexually assaulted the minor victim. He is in dominant position. If applicant is released on bail, he may threaten the victim and prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsels, perused the FIR and documents produced on record. At the time of first incident, the age of victim was around 17 years old and at the time of second incident

the victim was more than 18 years old. There is delay in lodging the complaint. Investigation is completed and charge-sheet has been filed. Considering these facts, his further detention is not required. 6.

In view of the above, I pass the following order:

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.205 of 2025 registered with Jath Police Station, District Sangli, 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 enter in the area where the victim stays.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the victim, witnesses or any person concerned with the case. (iv) Applicant shall attend the Trial Court dates, regularly.

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 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.

As Ms. Swati J. Goud is appointed to represent Respondent No.2 through legal-aid, professional fees of Rs.10,000/- be paid to her.

10.

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