Pornima Pravin Fondke v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.901 OF 2025 Pornima Pravin Fondke ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ayush Pasbola a/w. Mr. Ramaprasad Deore & Mr. Shubham Gharbudave, Advocate for the Applicant.

Ms. R. V. Newton, APP for the State.

API, Lamkhade, Yerwada Police Station, Pune present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

29th January 2026 P.C.:

1.

Heard Mr. Pasbola, learned Counsel appearing for the Applicant and Ms. Newton, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.580 of 2024 registered with Yerwada Police Station, Pune City, for the offences punishable under Sections 318(4), 316(2) and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

The case of the prosecution is set out in Paragraph No.2 of order dated 22nd January 2025 passed by learned Additional Session Judge, Pune in Criminal Bail Application No.7585 of 2024 which reads as under:

"2] Prosecution case in nutshell is that Mr. Yayati Rahul Mishra lodged complaint against accused persons. Informant and his brother were assured of 5 % monthly returns on invested amount and after two years, they would get full returns. Accused Premdutta Pravin Fondke and his mother, accused-applicant Pournima Pravin Fondke are directors of companies Alpha Vision and Capita Plus. Having conspired with each other they have induced informant and other investors to invest in their company luring to give attractive rate of interest and during 05.02.2022 to 05.03.2024 collected amount of Rs.3,13,94, 475/- from time to time and after maturity did not pay principal amount nor interest/ returns thereon. Thereby cheated informant and other investors."

4.

Thus, as per the prosecution case, the First Informant was induced to invest a huge amount Rs.3,13,94,475/- in the Companies where the Applicant is one of the Director. 5.

It is the submission of Mr. Pasbola, learned Counsel for the Applicant that the Applicant is a lady. Although, she was a director of those Companies, the other director i.e. the son of the present

Applicant was looking after the affairs of the company. He submits that, the Applicant is not involved in the crime and she is not beneficiary of any amount in her indivual capacity. He further submits that a learned Single Judge has already protected the Applicant by order dated 11th June 2025 and there is nothing on record to indicate that the said protection is misused. He submits that there are no antecedents.

6.

On the other hand, Ms. Newton, learned APP strongly opposes the Application. She submits that the main Accused i.e. son of the Applicant is absconding. She submits that a huge amount of more than Rs.3 crores is involved in the crime. 7.

Perusal of the record shows that a learned Single Judge by order dated 11th June 2025 has already protected the Applicant. There is nothing on record to show that the Applicant has misused the said liberty. Even as per the prosecution case the main accused is the Son of the present Applicant. The Applicant is a lady of 52 years. Mr. Pasbola, learned counsel appearing for the Applicant, states that Application will co-operate with the Investigation.

8.

Accordingly, case is made out for grant of Anticipatory Bail by imposing certain conditions. In view thereof, following order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Pornima Pravin Fondke in connection with C.R. No.580 of 2024 registered with Yerwada Police Station, Pune City, be released on bail on executing P.R. bond of Rs.1,00,000/- and furnishing one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station on 5th February 2026 and 6th February 2026 between 11.00 a.m. to 2.00 p.m. and thereafter, once in 15 days i.e. on first and third Sunday between 11.00 a.m. to 2.00 p.m. and shall co-operate with the investigation.

(iii) The Applicant shall furnish her cell phone number and residential address to the Investigating Officer and

shall keep the same updated, in case of any change thereto.

(iv) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(v) The Applicant shall not leave India without prior permission of the Court. The Applicant shall deposit the Passport before the concerned learned Sessions Court.

(vi) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.

9.

The Anticipatory Bail Application is allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)