Ramesh Nagnath Patil v. State Of Maharashtra And ANR

by CHITRA SANJAY SONAWANE Date:

2025.08.01 20:13:34 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1442 of 2025 Ramesh Nagnath Patil, Age-56 years, Occ: Service, R/at. Borale, Tal. Mangalwedha, Dist. Solapur ... Applicant versus

1. The State of Maharashtra Through the Mangalwedha Police Station, Solapur Rural, Solapur

2. XYZ Through the Mangalwedha Police Station, Solapur Rural, Solpaur.

... Respondents ---- Mr Vaibhav Gaikwad, for the applicant.

Mr Anand Shalgaonkar, APP, for respondent No.1/ State. Mr Pawan Mali, for respondent No.2.

API Ankush Waghmode, Mangalwedha Police Station, Solapur, is present.

---- Coram: R.N. Laddha, J.

Date: 1 August 2025.

P.C.:

.

By this application, the applicant seeks pre-arrest bail in connection with CR No.325 of 2025, registered at Mangalwedha Police Station, Solapur Rural, for offences

punishable under Sections 74, 75 and 78 of the Bharatiya Nyaya Sanhita, 2023, and Sections 8, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012. 2.

It is the case of the prosecution that between August 2020 and April 2025, the applicant, a teacher at Nutan High School, Borale, harassed and made inappropriate advances toward the victim, a student. The harassment, which began when the victim was in 5th grade, included inappropriate touching and attempts to get close to her in class, even after the applicant was no longer her teacher. The applicant also contacted her through phone calls and WhatsApp, asking for photos and inviting her to his house under the pretence of academic help. On 17 March 2025, the applicant threatened to fail the victim and harm her younger sister if she didn't come to his house. Fearing for her sister's safety, the victim complied, at which point the teacher locked the door and touched her inappropriately. The victim remained silent out of fear, but after her family saw a harassing message from the applicant sent on 16 April 2025, she disclosed the incidents and lodged the present crime.

3.

The learned Counsel appearing on behalf of the applicant, asserting the applicant's innocence, submits that the applicant

has been falsely implicated in the crime. He contends that the applicant became aware of the victim's relationship with one Akash and advised her not to engage in any acts that would harm the reputation of her family. The victim went missing, and her father lodged an FIR in that regard on 17 April 2025. The learned Counsel further submits that the applicant is willing to abide by any conditions this Court imposes, including surrendering his mobile phone.

4.

Further, the learned Counsel appearing on behalf of respondent No.2 tenders a consent affidavit dated 24 June 2025 and submits that the victim filed the present FIR on account of anger, misunderstanding, and misconception. The victim expresses consent and no objection to grant pre-arrest bail to the applicant. Furthermore, the learned Additional Public Prosecutor representing the respondent No.1/ State fairly submits that in the victim's statement, she categorically stated that one Akash and his friends abducted her. Since then, she has been in a troubled mental state. The applicant, her former teacher, expressed concern about her academic progress and advised the victim, in front of her peers, to attend class regularly and study. Feeling humiliated, the victim acted out of anger and filed the present FIR. After discussing the matter with her parents, the victim realised her mistake and desires to

withdraw the complaint against the applicant. The learned APP, on instructions, submits that the investigation is almost complete, and apart from the recovery of the mobile phone, nothing remains to be recovered or discovered from the applicant. He further informs the Court that the prosecution is in the process of filing a charge sheet.

5.

Upon perusing the records, it appears that the investigation is nearing completion, and a charge sheet will be filed shortly. Apart from the applicant's mobile phone, there is nothing to be recovered or discovered from the applicant. Furthermore, the applicant is ready and willing to surrender his mobile phone and abide by any conditions set forth by this Court. Additionally, the victim, in the affidavit filed through her father and her statement, explicitly stated that she filed the present FIR out of anger and misunderstanding. She also expressed her consent to grant pre-arrest bail to the applicant. Given the peculiar circumstances, this Court is inclined to allow the present application in the following terms: (i) In the event of the applicant's arrest in CR No.325 of 2025, registered at Mangalwedha Police Station, Solapur Rural, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and

furnishing one or more sureties in the like amount.

(ii) The applicant shall attend the concerned Police Station on 11, 12 and 13 August 2025 between 11:00 a.m. and 2:00 p.m. to surrender his mobile phone and cooperate with the investigation.

(iii) The applicant, himself or through any other person, shall not tamper with the evidence or influence witnesses.

6.

The application stands disposed of accordingly. (R.N. Laddha, J.)