Bombay High Court

KETAN SUDHAKAR SHEVATKARversusSTATE OF MAHARASHTRA

Decided: 5 October 2026
Disposal: Allowed

Holding

The court held that no prima facie case was established against the applicant under the specified sections and therefore granted anticipatory bail.

Summary

Ketan Sudhakar Shevatkar, an employee of Quantum Soft Technology Pvt. Ltd., applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case alleging cheating and criminal breach of trust under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant contended he was not involved in the alleged misappropriation of Rs. 1,53,63,000 and that no money was deposited in his account. The State argued that a prima facie case existed and custodial interrogation was necessary. The court examined the charge‑sheet, the interim protection order dated 20 May 2026, and the applicant’s compliance with reporting requirements, concluding that the offence was not made out against him and custodial interrogation was unnecessary. Consequently, the court granted anticipatory bail with a personal bond of Rs.25,000 and imposed standard conditions, disposing of the application.

Issues considered

Whether the applicant is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Whether a prima facie case exists against the applicant to deny anticipatory bail.
Whether custodial interrogation is necessary in the present circumstances.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
cheating
criminal breach of trust
bail conditions
prima facie case

Judgment

26.ABA-1332.26.DOC

Digitally signed
by PRACHI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRACHI PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2026.10.06
CRIMINAL APPELLATE JURISDICTION
16:27:32 +0530
ANTICIPATORY BAIL APPLICATION NO.1332 OF 2026

Ketan Sudhakar Shevatkar … Applicant
V/s.
State of Maharashtra …. Respondent
______________________
Mr. Amit Icham, for the Applicant.
Mr. S. V. Walve, APP for the Respondent-State.
______________________

CORAM : MADHAV J. JAMDAR, J.
DATED : 5 OCTOBER 2026
P. C. :-

1. Heard Mr. Icham, learned Counsel appearing for the

Applicants and Mr. Walve, learned APP appearing for the

Respondent-State.

2. By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

arrest bail in connection with C.R. No.137 of 2026 registered with

Vimantal (Airport) Police Station, Pune for the offences punishable

under Sections 316(2), 318(4) read with Seciton 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

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26.ABA-1332.26.DOC

3. It is the submission of Mr. Icham, learned counsel for the

Applicant that in fact the Applicant was an employee of the subject

company and the Applicant is not involved in the crime. He

submits that no amount has been deposited in his account and he

is not the beneficiary of the crime. He pointed out an order dated

20 May 2026 passed by a learned Single Judge of granting interim

protection. He submits that the charge-sheet is also filed against

the other Accused who have been arrested.

4. On the other hand, Mr. Walve, learned APP appearing for the

Respondent-State strongly opposed the application. Learned APP

states that the Applicant is involved in the crime. He submits that

the offence is very serious and custodial interrogation is necessary.

5. However, learned APP, on instructions, submits that the

Applicant has reported to the Investigating Officer from 1 st to 5th

June 2026 from 10.30 a.m. to 1.:00 p.m. as directed by the order

dated 20 May 2026 passed by the learned Single Judge.

6. The prosecution case is set out in paragraph no.2 of the

order dated 24 April 2026 passed by the learned Additional

Sessions Judge, Pune which reads as under :-

2] The case of the prosecution, in brief, is that during the
period from September 2025, the informant and other similarly

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26.ABA-1332.26.DOC

placed persons were working with a company namely Quantum
Soft Technology Pvt. Ltd., situated at Solitaire Business Hub,
Viman Nagar, Pune. During the course of employment, they
came into contact with the present applicant and other accused
persons. It is alleged that th1664e accused persons, acting in
concert and through various consultancy firms, induced the
informant and other victims to work in the said company on
false assurances of salary and statutory benefits. However,
neither salary nor provident fund amounts were paid to them. It
is further alleged that under such pretext, the accused persons
misappropriated an amount of Rs. 1,53,63,000/- from the
informant and other victims. On the basis of these allegations,
the informant has lodged the present FIR for offences
punishable under relevant provisions of law pertaining to
cheating, criminal breach of trust and allied offences.

7. Learned Single Judge by order dated 20 May 2026 has

while granting ad- interim protection passed the following order : -

1) Heard Mr. Aniket Nikam, the learned Counsel appearing
for the Applicant. The case of the complainant is that the
complainant was employed in Quantum Soft Technology Pvt.
Ltd., situated at Solitaire Business Hub, Viman Nagar, Pune. The
company neither paid salary nor provident fund amount paid
them. It is further alleged by the complainant that thus the
accused person has miappropriated the amount of
Rs.1,53,63,000/- from the informant and other victims. On the
basis of these allegations, the informant has lodged the FIR.

2) Mr. Nikam, the learned Advoate submits that the
Applicant himself is employee of the company. He relies upon
the letter dated 12th October 2023 annexed at Exhibit ‘C’ to the
application. He submits that merely the salary is not paid will
not constitute the criminal offence under the provisions of
Sections 316(2), 318(4) read with 3(5) of the Bharatiya Nyaya
Sanhita, 2023. He submits that the custodial interrogation is
not necessary.

2) Ms. Rashmi Tendulkar, the learned A.P.P. for the Respondent-

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State submits that there is a prima facie case against the present
Applicant. She submits that thare are 77 victims, who are
similarly cheated. She submits that the complainant is cheated
of huge sum of money, hence, the protection may not be
granted.

3) Perused the copy of the FIR as well as the letter dated 12 th
October, 2023, annexed to Exhibit ‘C’ to the Application. Going
by the case of the Applicant, prima facie I am of the opinion,
that the offence under Sections 316(2), 318(4) read with 3(5)
of the Bharatiya Nyaya Sanhita, 2023 is not made out. The
custodial interrogation is not necessary. Hence, the following
Order :-

:ORDER:
(i) In the event of arrest, the Applicant-Ketan
Sudhakar Shevatkar be released on bail in
connection with C.R. No.137/2026, registered
with Vimantal (Airport) Police Station, Pune,
under Sections 316(2), 318(4) read with 3(5) of
the Bharatiya Nyaya Sanhita, 2023, on executing
P.R. Bond in the sum of Rs.25,000/- with one or
two sureties in the like amount.

(ii) The Applicant shall report to the
Investigating Officer of the concerned Police
Station from 1st to 5th June, 2026 from 10.30
a.m. to 01.00 p.m.

4) Stand over to 23rd June, 2026.

8. Admittedly, pursuant to the said order, the Applicant has

reported to the Investigating Officer from 1 st to 5th June 2026. The

charge-sheet is already filed against the arrested Accused and,

therefore, the case is made out for grant of anticipatory bail.

9. Accordingly, the following order is passed :-

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ORDER

(a) In the event of arrest of the Applicant in connection

with C.R. No.137 of 2026 registered with Vimantal

(Airport) Police Station, Pune, the Applicant is

directed to be released on bail on furnishing P.R. Bond

in the sum of Rs.25,000/- with one or two solvent

sureties each in the like amount.

(b) The Applicant shall attend the concerned Police

Station as and when called.

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

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26.ABA-1332.26.DOC

Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior

permission of the Court.

(g) The Applicant shall cooperate with the Investigating

Officer and attend the concerned police station as and

when called by the Investigating Officer.

10. The observations made in this order are only for the purpose

of considering the anticipatory bail application.

11. Anticipatory Bail Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]

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