Hanumant Mahadev Nalawade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by HARISH VITHAL CHAUDHARI Date:

2026.04.24 14:18:25 +0530 CIRCUIT BENCH AT KOLHAPUR HARISH VITHAL CHAUDHARI CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2329 OF 2025 Hanumant Mahadev Nalawade ...Applicant

VERSUS

The State Of Maharashtra

...Respondent

*** Mr. Shivajirao V. Rane i/b Harshvardhan S. Rane for the applicant. Mr. Avinash A. Naik, APP for the non-applicant-State. Mr. Kedar Nhavkar (Through V. C.) for non-applicant no. 3. Police Constable, Promod Vitthal Gaikwad, Sadar Bazar Police Station, Solapur.

***

CORAM

:

M. W. CHANDWANI, J.

DATE :

22nd APRIL, 2026.

P.C.

1.

The applicant is apprehending arrest in connection with Crime No. 629/2025 registered with Police Station, Sadar Bazar, Dist. Solapur for the offences punishable under Sections 74, 78 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

Heard the learned counsel for the applicant learned counsel for non-applicant no. 3 and learned APP for the non-applicant State. 3.

Having gone through the case diary, it appears that the applicant is working as a teacher in Haribhai Devkaran Prashala, Solapur. The victim was a student of Class 10 at the relevant time. The allegations against the applicant are that on 19.04.2025, when the victim arrived late at school, the applicant detained her in the parking area and placed his hand on her

shoulder. When the victim attempted to report the incident to her cricket teacher, the applicant followed her and asked the teacher not to pay attention to her. It is further alleged that on 03.07.2025, the applicant again humiliated the victim by stating that she lacks basic knowledge and is useless. He also threatned the victim on that day in front of a lady teacher namely, Alka Jagtap. On the complaint of the complainant, the aforesaid offence came to be registered against the applicant. 4.

It is contended that there is a dispute between the applicant and the management of the school itself and therefore, a false complaint has been lodged by the management at the instance of one student. 5.

Learned APP opposes the application and submits that the allegations against the applicant pertain to outraging the modesty of the victim, who is a student, by placing his hand on her shoulder. The alleged offence is punishable with imprisonment which may extend up to five years. It is further submitted that the applicant acted with the intent of committing sexual assault.

6.

Whether the applicant had the intention to sexually assault the victim, is a matter of trial. Apart from this allegation, there is no other allegation of sexual assault. The victim has already passed 10th class and now she is not a student of the said school.

7.

The applicant was protected by way of ad-interim order dated 12.09.2025 with a direction to appear before the concerned police station. Accordingly, he attended the concerned police station and co-operated in the investigation. Considering these aspects, a case is made out for confirming the ad-interim order dated 12.09.2025. Hence this order : I.

The application is allowed.

II.

The interim order dated 12.09.2025 is hereby confirmed. III.

The applicant shall attend the concerned police station as when directed by the investigating authority.

IV.

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

V.

The applicant shall not commit similar type of offence hereinafter.

VI.

Since, the victim has already left the school, the applicant can attend the school.

8.

With this, the application stands disposed of. [M. W. CHANDWANI, J.]