Dilip Kondiba Khedkar v. State Of Maharashtra

1 910-ABA 2881-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2881 OF 2025 Dilip Kondiba Khedkar ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Ashok P. Mundargi, Senior Advocate a/w Abhishek Yende a/w H. Vyas i/by Yende Legal Associates for the Applicant. Ms. R. D. Humane, APP for the Respondent-State. API Kharat, Rabale PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

16TH OCTOBER 2025 P.C. :

1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.668 of 2025 registered with Rabale Police Station for the offences punishable under Sections 137(2), 115(2), 127(7), 308(4), 3(5), 238(3) of the Bharatiya Nyaya Sanhita, 2023.

3.

It is the case of the prosecution that on 13th September 2025 at about 7.15 p.m., an accident took place between a truck bearing No. MH46-CU-2738 and the car of the present Applicant, bearing registration No. MH-12-RP-5000. It is alleged that the Applicant and the co-accused, who was the driver of the Applicant's car at the relevant time, were demanding compensation towards the damage caused to their car from the driver and the victim-cleaner of the truck. It is alleged that the present Applicant and

2 910-ABA 2881-25.doc the co-accused coerced the victim-cleaner of the truck to sit in their car under the pretext of taking him to the police station. It is further alleged that they took the victim-cleaner to their house at Pune and wrongfully confined him there. Thereafter, the victim-cleaner was allegedly allowed to leave on the next day at about 11.00 a.m. Consequently, the present crime came to be registered.

4.

I have heard Learned Senior Counsel for the Applicant and Learned APP for the Respondent-State.

5.

The Learned Senior Counsel for the Applicant submits that after the said accident, the Applicant observed the damage caused to his car and thereafter, it was mutually agreed to take the car to a mechanic on Mulund-Airoli Highway for the purpose of evaluating the cost of repairs. It is submitted that the victim-cleaner was asked to accompany them in the car till the garage. It is submitted that subsequently, as they could not find a proper garage, the driver of the Applicant's car, who is the co-accused in the present crime took the victim with him to Pune. It is submitted that the victim-cleaner was taken to the Applicant's home and thereafter dropped of at the nearest bus stand at Pune around 9.30 a.m.. It is submitted that there was no intent on the part of the Applicant to abduct the victim.

It is submitted that the Applicant is a retired government servant. It is further submitted that there is no need of custodial interrogation and the Applicant is ready and willing to cooperate with the investigation.

3 910-ABA 2881-25.doc contentions, is ready to pay an amount of Rs.4,00,000/- to the victimcleaner. 6.

On the other hand, Learned APP for the Respondent-State submits that for no fault of the victim-cleaner, he was abducted in a high-handed manner in order to extort money. It is submitted that the Applicant is involved in three more crimes. It is further submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail. 7.

I have perused the statement of the victim-cleaner. The main allegations are against the driver of the Applicant's car, who is the coaccused in the present crime. There is no need of custodial interrogation. Considering the facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail on certain conditions. Hence, the following order:

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.668 of 2025 registered with Rabale Police Station for the offences punishable under Sections 137(2), 115(2), 127(7), 308(4), 3(5), 238(3) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned Police Station as and when called by the investigating officer and shall co-operate with the investigation.

iv.

The Applicant shall not commit any other crime.

4 910-ABA 2881-25.doc v.

The Applicant, without prejudice to his rights and contentions, shall pay an amount of Rs.4,00,000/- to the victim-cleaner Mr. Pralhad Kumar within a period of six weeks from today. The Applicant shall hand over the Demand Draft of Rs.4,00,000/- to the concerned investigating officer, who shall in turn hand over the Demand Draft to the victim-cleaner Mr. Pralhad Kumar.

vi. In addition to Rs.4,00,000/-, the Applicant shall pay Rs.1,00,000/- to the Police Welfare Fund, Mumbai within a period of six weeks from today.

8.

The present Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)