Manojkumar Kundalik Tupe And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.79 OF 2026 Atul alias Bittu Vinod Ghadge ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Ranjeet M. Pawar, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent No.1-State. Mr. Mahesh S. Arjun, for the Respondent No.2.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

13th JANUARY 2026 PC:- 1.

Heard Mr. Pawar, learned Counsel appearing for the Applicant, Ms. Yadav, learned APP appearing for the RespondentState and Mr. Mahesh Arjun, learned Counsel appearing for the Respondent No.2.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.432 of 2025 registered with Baramati City Police Station, Pune, for the offences punishable under Sections 69 and 137(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4,

6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

3.

The prosecution case is set out in paragraph No.4 of the order dated 16th December 2025 passed by the learned Additional Sessions Judge, Baramati, Dist.Pune in Criminal Bail Application No.936 of 2025, which reads as under:

"4. Complainant-victim aged 17 years, lodged a report to Baramati City Police Station on 24.11.2025, that she got acquainted with accused being her neighbour. She developed love relations with him. On 19.08.2024, when she had been to a village of her uncle at Tal. Shirur, accused called her and asked to meet. At about 6.00 p.m., he came on motorcycle and took her to Baramati on his motorcycle on the pretext of marriage. She stayed with accused in a rented room at Baramati. He gifted her mobile phone and asked to call her parents for intimating them not to search her, as she married with accused of her own will. During period from 19.08.2024 to 23.11.2025, she resided with accused. Accused committed sexual intercourse with her without marriage, knowingly when she is minor. On asking for marriage, accused used to abuse her with threats and did not allow her to contact her parents. Thereafter, she lodged report against him quitting his home."

4.

It is the submission of Mr. Pawar, learned Counsel appearing for the Applicant that due to some misunderstanding, the offence is registered.

5.

Ms. Yadav, learned APP strongly opposes the Anticipatory Bail Application.

6.

Mr. Mahesh Arjun, learned Counsel appearing for the Respondent No.2 also submits that due to some misunderstanding the offence is registered.

7.

Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Atul alias Bittu Vinod Ghadge in connection with C.R. No.432 of 2025 registered with the Baramati City Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the Baramati City Police

Station as and when called by the Investigating Officer and shall co-operate with the investigation.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) 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.

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

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2026.01.14 19:20:26 +0530 SONALI MILIND PATIL