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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(2), 336(3), 340(2), 351(2)
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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