Hindurao Subhash Awale And ANR. v. State Of Maharashtra And ANR.

1 34.ABA-297-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 297 OF 2026

1. HINDURAO SUBHASH AWALE

2. AMIT HINDRAO AWALE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Satyajeet M Mirajkar APP for Respondents/State : Mrs. S. N. Deshmukh ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 9th JUNE 2026 PER COURT :

1.

Heard the learned Counsel for the Applicant and the learned APP for the State.

2.

At the outset, the learned Counsel for the Applicants Mr. Mirajkar submits that the Applicant No. 1/Hindurao Subhash Awale is arrested, hence he prays for withdrawal of the application insofar as the Applicant No.1.

3.

Permission is granted. The application stands disposed of as withdrawn to the extent of Applicant No.1.

4.

Applicant No.2/Amit Hindrao Awale has approached this

2 34.ABA-297-2026.doc Court, seeking anticipatory bail in connection with Crime No.18/2026 registered with Karad Taluka Police Station, District Satara for the offences punishable under Sections 64(1), 88, 238, 352, 351(2), 115(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 5.

The case of the prosecution is that the the offence has taken place from 02.00 p.m. of 10.08.2025 till 24.12.2025 in the village limits of Tulsan. The co-accused Hindurao Subhash Awale took the prosecutrix on his motorcycle towards Tulsan Khind and by taking her in the bushes forcibly committed penetrative sexual assault on her on the point of knife. Thereafter, as the prosecutrix was pregnant, the co-accused Hindurao took her to Kranti Hospital, Wategaon owned by accused No.4 and against her will terminated her pregnancy at the hands of co-accused Dr. Uday Thigale. The coaccused No.1 to 3 in furtherance of their common intention have thrown the fetus and the documents of sonography and its report in the river bed and thereby disposed of the documents and abused as well as threatened the prosecutrix.

Accordingly the criminal law was set into motion. The offence is serious in nature. The fetus and the documents of sonography are necessary to be recovered from the applicant /accused and the DNA test is also to be carried out. If the applicant/accused is granted pre-arrest bail there is every possibility of disposing of the evidence. He is absconding from the date of offence. The motorcycle and the weapon like pistol used in commission of offence is yet to be recovered. The prime accused No.

3 34.ABA-297-2026.doc commission of offence. He is also yet to be arrested. The investigation is in progress. There is possibility of tampering with the prosecution evidence.

6.

The learned Counsel for the Applicants submits that the Applicant No.2/Amit is falsely implicated in the present crime. The allegations of sexual exploitation are against the father of Applicant No.2. The Complainant has deliberately dragged the entire family of the Applicants into the present crime only with an intention to wreak vengeance against the family members of the main accused, Hindurao, who is the father of Applicant No.2/Amit. Applicant No.2 has deep roots in society, is not a flight risk, and has no criminal antecedents. There is no independent evidence connecting Applicant No.2 to the present crime or to justify incorporating allegations against him in the FIR. Applicant No.2 is ready to abide by any conditions that may be imposed by this Court, hence he may be protected.

7.

As against this, the learned APP strongly opposes the present application on the ground that the Applicant No.2/Amit is involved in the serious offence of rape, which is punishable with life imprisonment for the remainder of his life. The Applicant is the son of the main accused, Hindurao, against whom there are serious allegations of repeatedly committing rape upon the Complainant by blackmailing her. Applicant No.2/Amit is directly named in the FIR as having disposed of the fetus which was illegally aborted at the

4 34.ABA-297-2026.doc instance of his father. Applicant No.2, being the son of the main accused, if released on bail, is likely to tamper with the evidence or threaten the prosecution witnesses, thereby causing prejudice to the prosecution case. The vehicle used in the commission of the crime is yet to be seized. There is also a standing non-bailable warrant issued by the learned trial Court against the Applicants. Hence this is not a fit case to release the Applicants on anticipatory bail. 8.

I have gone through the investigation papers made available by the learned APP which has now culminated into filing of the charge-sheet. A perusal of the same shows that the entire allegations of sexual exploitation and repeated forcible sexual intercourse are against the father of Applicant No.2, Hindurao, who has already been arrested during the pendency of the present application. Applicant No.1/Hindurao has already withdrawn his application. The other coaccused, Manisha, the mother of the Applicant, has also been arrested in the present crime and released on anticipatory bail. Insofar as the allegations against Applicant No.2/Amit are concerned, except for the bare allegations in the FIR, there is no corroborative evidence to substantiate the allegations made therein.

The submissions of the learned Counsel for the Applicants, that Applicant No.2 is falsely implicated in the present crime to wreak vengeance against the family members of the main accused Hindurao (Applicant No.1), cannot be ruled out and appears probable at this stage.

5 34.ABA-297-2026.doc same may not influence the learned trial Court. .

Taking into consideration the nature of allegations against the Applicant No.2, which at the most may constitute an offence of destruction of evidence punishable under Section 238 of the BNSS, I am inclined to protect Applicant No.2, as he has no criminal antecedents, however subject to certain conditions. Hence the following order :

ORDER

(i) In the event of arrest of the Applicant No.2 - Amit Hindrao Awale in connection with Crime No.18/2026 registered with Karad Taluka Police Station, District Satara for the offences punishable under Sections 64(1), 88, 238, 352, 351(2), 115(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount, on the following conditions : (a) Applicant No.2/Amit shall not enter Taluka Karad till recording of the evidence of the prosecutrix, except attending the dates as mentioned above.

(b) Applicant No.2/Amit shall not tamper with the prosecution evidence and shall not influence the witnesses. (c) Applicant No.2/Amit shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

(d) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail of the Applicant No.2.

6 34.ABA-297-2026.doc (ii) The application is allowed in the above terms to the extent of Applicant No.2/Amit Hindrao Awale and stands disposed of. MEHROZ K. PATHAN JUDGE NAJEEB..