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Bombay High Court

TIRUMALESH MALLESHAM KATLAversusTHE STATE OFMAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The Court confirmed the interim protection order and granted anticipatory bail, subject to the applicant’s attendance at the police station when called.

Summary

The applicant, Tirumalesh Mallesham Katla, sought anticipatory bail after an FIR was lodged alleging that he forged the complainant’s signature to surrender two LIC policies without authority, invoking sections of the Bhartiya Nyaya Sanhita. The applicant contended that he acted with the complainant’s consent, the proceeds were credited to the complainant’s account, and there was no wrongful gain, asserting the matter stemmed from a family dispute. An interim protection order had already been granted on 11 June 2026, and the charge‑sheet was filed. The State opposed bail, arguing custodial interrogation was needed to obtain documents. The Court, noting the absence of criminal antecedents and that the amount was received by the complainant, confirmed the interim protection and granted anticipatory bail subject to the condition that the applicant attend the police station when summoned.

Issues considered

  • Whether anticipatory bail should be granted despite allegations of forgery and cheating under the Bhartiya Nyaya Sanhita.
  • Whether custodial interrogation is necessary for document collection in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • cheating
  • LIC policy surrender
  • family dispute
  • interim protection
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                                                                       922-aba1490-26.doc



      vai

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL                     ANTICIPATORY BAIL APPLICATION NO.1490 OF 2026

Digitally signed   Tirumalesh Mallesham Katla                          ...Applicant
by VASANT
ANANDRAO                      V/s.
IDHOL
Date:              State of Maharashtra                                ...Respondent
2026.09.17
19:09:30 +0530
                                              WITH
                               INTERIM APPLICATION NO.1882 OF 2026
                                               IN
                          ANTICIPATORY BAIL APPLICATION NO.1490 OF 2026

                   Mrs.Shshma Parmanand Katla                          ...Applicant

                   IN THE MATTER BETWEEN :

                   Tirumalesh Mallesham Katla                          ...Applicant
                              V/s.
                   State of Maharashtra                                ...Respondent


                   Mr.D.D. Suryawanshi for the Applicant in ABA No.1490 of 2026.

                   Dr.Ramdas Sabban with Mr.Shrikant Kolnpelli and Mr.Rohit Chitiken
                   for the Intervenor.

                   Mr.Bapu V. Holambe Patil, APP for the Respondent – State.

                   MsMr.Kolhe, API, Bhiwandi City Police Station is present in
                   Court

                                  CORAM : PRAFULLA S. KHUBALKAR, J.
                                  DATE : 17TH SEPTEMBER, 2026.

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P.C. :-

                       INTERIM APPLICATION NO.1882 OF 2026

1.          This is an application for intervention filed on behalf of the

complainant. Learned counsel for original applicant / accused has no

objection for this intervention application.

2.          Considering the contentions of the applicant and the

submissions advanced, application is allowed and disposed of.


          ANTICIPATORY BAIL APPLICATION NO.1490 OF 2026


1.          Heard learned counsel for applicant as well as learned APP

for respondent and learned counsel for intervenor.

2.          The applicant is apprehending arrest in Crime No. 340 of

2026 dated 25.05.2026, registered with Bhiwandi City Police Station,

Dist. Thane, for the offence punishable under Sections 316(2), 318(4),

336(2), 336(3), 340(2) and 351(2) of Bhartiya Nyaya Sanhita, 2023

(for short, “BNS”).

3.          The applicant has filed instant application under Section

482 of Bhartiya Nagrik Suraksha Sanhita, 2023 (for short,“BNSS”).

4.          The FIR is registered on the basis of the report lodged by

Sau. Sushma Parmanand Katla, who is wife of petitioner’s younger



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brother alleging that the applicant has surrendered two LIC Policies of

the complainant without authority and by forging his signatures.

5.         Learned counsel for applicant submits that the complainant

was residing at Zimbabwe along with her husband and the Applicant

was the person who was dealing with all the transactions with respect

to the LIC policies of the complainant. He states that even though the

complainant has alleged that the LIC policies were surrendered by this

Applicant without authority of the complainant in the year 2025, the

amount was actually credited to the account of the complainant and

as such there is no wrongful gain to the applicant. It is also submitted

that the allegations are leveled against this Applicant and offence is

registered only because of an independent Gift Deed executed by

Applicant’s father in his favour with respect to the house property. It is

submitted the Applicant has acted on the Authority of the complainant

as regards the surrender of the LIC policies and hence there is no

question of cheating.

6.         Learned counsel for applicant submits that charge-sheet is

already filed. He also states that by an order dated 11 th June, 206, this

Court has already granted interim protection and accordingly the

applicant has attended the Police Station on the dates, as directed. He

therefore, prays for confirmation of the interim protection.

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7.        The application is opposed by learned APP as well as

learned counsel for intervenor by submitting that there are allegations

about forgery of signature of the complainant on the basis of which

LIC policies were surrendered in the year 2025. It it        therefore,

submitted that in view of the fact that the complainant was residing at

Zimbabwe and the applicant has misused the trust and authority, the

involvement of the applicant in the offence is clear. It is therefore

submitted that his custodial interrogation is necessary for obtaining

relevant documents. However, there is no dispute about the

contentions that the applicant has attended the Police Station in

accordance with the interim protection order.

8.        Perused the FIR and the documents placed on record.

Prima-facie it appears that the allegations about surrender of the LIC

policies are with respect to LIC policies which are surrendered in the

year 2025. It is not disputed by learned counsel for complainant that

after surrender of policies, the amount was received in the account of

the complainant. Considering the nature of allegations, it appears that

the offence is registered in the background of certain family disputes

in between the complainant and the applicant. Considering the fact

that the charge-sheet is already filed and since there are no criminal

antecedents against this applicant, interim protection granted by this

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Court by an order dated 11th June, 2026 needs to be confirmed.

Custody of the applicant cannot be insisted for the purpose of

collecting any documents. Accordingly interim protection granted by

an order dated 11th June, 2026 passed by this court is confirmed

subject to the condition that the applicant shall attend the Police

Station as and when called upon.

9.        The Anticipatory Bail Application is allowed and disposed

of.



                                         (PRAFULLA S. KHUBALKAR, J.)




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