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Bombay High CourtBA/4548/2025disposed off

Mahadevi Marappa Peddi v. State Of Maharashtra And ANR

2026-02-20Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4548 OF 2025 Mahadevi Marappa Peddi ....Applicant versus The State of Maharashtra and anr.

....Respondents _________________________________________________________________ Ms. Sahana Manjesh, Advocate for Applicant.

Mr. Prashant P. Jadhav, APP for Respondent No.1-State. Mr. Nikhil Maneshinde, Advocate for Respondent No.2. PSI-Sujata Mohite, Chinchwad Police Station, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 20th FEBRUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 243 of 2024 registered with Chinchwad Police Station, District Pune, for the offences punishable under Sections 376 (2)(f), (k), (j), (n) read with Section 34 of the Indian Penal Code 1860 and Sections 4, 6, 8, 16 and 17 of the POCSO Act 2012.

2.

It is prosecution's case that the co-accused sexually assaulted his own daughter and impregnated her. The applicant is the mother of the victim. It is alleged that though she was aware of the acts committed by the co-accused, who is her husband, she did not report the matter to the Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.02.24 10:48:57 +0530 police nor took any action against him. Thus, she abetted the crime SHUBHADA SHANKAR KADAM committed by accused No. 1.

3.

It is contention of learned counsel for the applicant that applicant is a lady. She is behind bars for more than one year and eight months She has two other minor children. There is no progress in the trial and requested to allow the application.

3.

It is contention of learned APP along with learned counsel for respondent No.2 that applicant is mother of the victim. She was aware about the sexual act done by accused No.1 but she kept mum. She also threatened witnesses not to disclose this fact to anyone. If the applicant is released on bail, she may threaten prosecution witnesses and requested to reject the application.

4.

I have heard all learned counsel, perused charge sheet and documents produced on record. The applicant is behind bars for more than one year and eight months . The applicant is lady. She has no antecedents. She has two other minor children. There is no progress in the trial. It may take to conclude the trial. Considering these facts, I pass following order :

ORDER

(i) The applicant be enlarged on bail in Crime No. 243 of 2024 registered with Chinchwad Police Station, District Pune,, on executing P.R.Bond in the sum of Rs.15,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

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

6.

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.

7.

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