Bombay High Court
KRISHNA NARAYAN TIWARI AND ANRversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court held that anticipatory bail should be granted with conditions, as the facts and circumstances warranted relief under Section 438 of the CrPC.
Summary
The applicants, Krishna Narayan Tiwari and Antima Krishna Narayan Tiwari, filed an anticipatory bail application under Section 438 of the CrPC in connection with CR No.342 of 2024, which alleged offences under several IPC sections and the IT Act, including extortion, blackmail, and threats. The prosecution alleged that the first informant had engaged in a consensual relationship with the complainant, performed fraudulent pooja services, stole jewellery and a camera, and sent obscene material while extorting money. The applicants contended that the FIR was false and filed to extort money, noting prior criminal antecedents against the informant. The Single Judge had earlier granted interim protection, which remained unmisused. Considering the seriousness of the allegations but also the interim protection and lack of evidence of misuse, the Court granted anticipatory bail with stringent conditions, ordering the applicants to furnish bail bonds and comply with various restrictions.
Issues considered
- Whether the applicants are entitled to anticipatory bail under Section 438 of the CrPC despite the seriousness of the alleged offences.
- Whether the existence of multiple FIRs against the first informant affects the grant of anticipatory bail.
- Whether the interim protection previously granted influences the decision on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 328, 34, 380, 384, 385, 420, 506(2)
- Information Technology Act, 2000 — s. 66D, 67A
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- Indian Penal Code
- Information Technology Act
- extortion
- blackmail
- bail conditions
Judgment
28-ABA-157-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.157 OF 2025
Digitally
signed by
ARJUN 1. Krishna Narayan Tiwari …Applicants
ARJUN VITTHAL
VITTHAL KUDHEKAR 2. Antima Krishna Narayan Tiwari
KUDHEKAR Date:
2026.09.21 Versus
21:17:40
+0530 The State of Maharashtra & Anr. …Respondents
WITH
INTERIM APPLICATION NO.954 OF 2026
IN
ANTICIPATORY BAIL APPLICATION NO.157 OF 2025
Sanjeevani Nilesh Patane …Applicants
In the matter between
1. Krishna Narayan Tiwari …Applicants
2. Antima Krishna Narayan Tiwari
Versus
The State of Maharashtra & Anr. …Respondents
Mr. Chaitanya Pendse a/w Ranjit B. Ade, for the Applicants.
Mr. S. S. Ghag, APP, for the Respondent-State.
PSI Sanjay Bagade, Wanavadi Police Station, Pune City, present.
CORAM: MADHAV J. JAMDAR, J.
DATED: 21 SEPTEMBER 2026
PC:-
1. Heard Mr. Pendse, learned Counsel appearing for the
Applicants and Mr. Ghag, learned APP, for the Respondent-State of
Maharashtra.
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2. As none appeared for Respondent No.2 in the morning
session, the matter was kept back in the afternoon session.
However, in the afternoon session also none appears for
Respondent No.2.
3. By this Anticipatory Bail Application filed under Section 438
of the Code of Criminal Procedure, 1973, the Applicants are
seeking pre-arrest bail in connection with CR No.342 of 2024
registered on 12th May 2024 with Wanavadi Police Station, Pune
City, for the offences punishable under Sections 328, 34, 420, 380,
385, 384 and 506(2) of the Indian Penal Code, 1860 and 67A and
66D of the Information Technology Act, 2000.
4. The prosecution case is set out in Paragraph No.2 of the
Anticipatory Bail Application, which reads as under:
“i. It is alleged that since 2017 the Complainant is working as
Ticket Checker in Central Railway, Pune. It is alleged that
on 18/04/2016 the Complainant got married with one
Nilesh Patane. The complainant's husband works as
Constable in Border Security Force. It is alleged that the
Complainant and her husband were residing in railway
quarters at Pimpri-Chichwad. The complainant and her
husband have a daughter of 5 years named Vidisha. It is
alleged that there were family quarrels between the
Complainant and her husband often. It is alleged that
therefore the Complainant and her husband were residing
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separately. In the year 2019 the complainant started staying
at the Raheja Garden, Wanvadi.
ii. It is alleged that due to the often quarrels the Complainant
was depressed and therefore on 21/11/2022 the
Complainant installed Astrotalk App in her mobile. It is
alleged that the Complainant got the id of the Accused
No.1 in the said App and after selecting the said id of the
Accused No.1 the Complainant connected the call to the
Accused No.1 for advice. It is alleged that the complainant
told the Accused No.1 that the Complainant is facing
family/marriage problems and there are frequent quarrels
between the complainant and her husband and also the
complainant asked the Accused No.1 for some astrological
solution for the said problem. It is alleged that the Accused
No.1 told the Complainant that someone has put/done
black magic on her house and to remove that the
Complainant needs to do pooja/hawan. It is alleged that
the Accused No.1 told the Complainant that Rs.2 lakhs will
be the charges of the Accused No.1 to perform the said
pooja/hawan. It is alleged that the Complainant transferred
Rs.40,000/- through Phone Pay through her number i.e.
7387052210 to the Accused No.1 i.e. 6392044136 for the
said Pooja/hawan including his air fare from Lukhnow to
Pune.
iii. It is alleged that on 14/12/2022 the Accused No.1 came to
the Complainant's home to do the said pooja/hawan. It is
alleged that the said pooja/hawan started at 10.30 in the
morning and was over by 1.00 pm in the afternoon. It is
alleged that after performing pooja/hawan the Accused
No.1 gave Prasad (offering given after pooja) motichoor
laddu to the Complainant. It is alleged that after eating the
said laddu the Complainant got dizzy/heavy head. It is
alleged that upon asking the reason for this the Accused
No.1 told the Complainant that there is a huge black magic
on the Complainant and now it is coming off and that is
why the Complainant is experiencing dizziness and heavy
head. It is alleged that after that the Accused No.1 went
back to Luknow.
iv. It is alleged that after some days the Complainant called
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the Accused No.1 and told him that even after doing
pooja/hawan the quarrels between the Complainant and
her husband have not stopped. It is alleged that the
Accused No.1 told the Complainant that the said
pooja/hawan is failed and the Complainant needs to
perform another pooja/hawan. It is alleged that on
01/01/2023 both the Accused came to the Complainant's
home from Lukhnow and the Complainant had paid for the
air fare of the both the Accused. It is alleged that on
01/01/2023 the pooja/hawan started at 11 am in the
morning and lasted till 1 pm in the afternoon. It is alleged
that after the said pooja/hawan the Accused No.1 gave the
Complainant and her daughter some yellow colored bitter
tested sarbat/drink. It is alleged that after drinking the said
sarbat/drink the Complainant and her daughter felt sleepy
and therefore the Complainant along with her daughter
went to the bedroom to sleep. It is alleged that when the
Complainant woke up from the sleep at 4 pm there was no
one at home. It is alleged that the Complainant got to know
that her Mangalsutra weighting 2.5 tola (20.5 grams)
which she was wearing was not there and one camera of
Canon 150 D worth Rs.1.5 lakh was also missing/not to be
seen anywhere at home. It is alleged that therefore the
Complainant called the Accused No.1 and asked about the
said missing items. It is alleged that the Accused No.1 told
the Complainant that he has taken these things from the
Complainant's home. It is alleged that the Complainant
repeatedly asked the Accused No.1 to return these things
however, the Accused No.1 did not give the same giving
evasive answers.
v. It is alleged that in the month of November 2023 the
Accused No.1 sent, from his mobile, some obscene pictures
of the complainant/pictures of the Complainant in inner
wear, to the mobile of the Complainant and deleted the
same instantly and messaged the Complainant threatening
that if she tries to tell to anyone about anything then the
Accused No.1 will send the obscene photos of the
Complainant to all her contacts. It is alleged that the
Accused No.1 time and again threatened the Complainant
that he will make/go viral such photos of the Complainant
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and demanded money from the complainant. It is alleged
that the Accused No.1 threatened the Complainant that if
the Complainant does not give money to the Accused then
the Accused will kill the Complainant and her daughter too.
It is alleged that on 01/01/2023 the Accused No.1 scanned
the Complainant's mobile and transferred all the contact list
of the Complainant to his mobile. It is alleged that the
Accused used to contact the colleagues and relatives of the
Complainant and he used to trouble them. It is alleged that
till today the Accused No.1 has extorted funds amounting
Rs.13 lakhs from the complainant by blackmailing her. It is
alleged that the said money was given by the Complainant
to the Accused No.1 through RTGS, Phone Pay, CDM
machine in the Accused's name as well as of his wife's
name.”
5. Mr. Pendse, learned Counsel for the Applicants, submits that
totally false case is filed against the Applicants. He submits that
there are about 8 criminal antecedents against the First Informant.
He submits that the subject FIR has been lodged just to extort the
money from the Applicants.
6. On the other hand, Mr. Ghag, learned APP, for the
Respondent-State of Maharashtra, states that the offence is very
serious. He, therefore, states that the Applicants are not entitled
for anticipatory bail. However, on instructions, he submits that
there are 9 FIRs registered against the First Informant.
7. Prima facie, the Applicant No.1 and the First Informant are
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in consensual relationship. The FIR was lodged on 12th May 2024.
8. A learned Single Judge, by Order dated 30th January 2025,
granted ad-interim protection to the Applicants, which continues
till date. There is nothing on record to show that the said
protection has been misused.
9. There are 9 FIRs registered against the First Informant.
10. Accordingly, in the facts and circumstances, case is made out
for grant of anticipatory bail by imposing conditions. In view
thereof, the following Order is passed:
ORDER
(a) In the event of arrest of Applicant No.1-Krishna
Narayan Tiwari and Applicant No.2-Antima Krishna
Narayan Tiwari, in connection with CR No.342 of
2024 registered with Wanavadi Police Station, Pune
City, the Applicants are directed to be released on bail
on their furnishing PR Bond in the sum of Rs.30,000/-
each with one or two solvent sureties each in the like
amount.
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(b) The Applicants shall attend the concerned Police
Station, as and when necessary, till filing of the
Charge-sheet, and shall cooperate with the
investigation.
(c) The Applicants shall furnish their cell phone numbers
and residential addresses to the Investigating Officer
and shall keep the same updated, in case of any
change thereto.
(d) The Applicants 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 Applicants shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
(f) The Applicants shall not leave India without prior
permission of the Court.
11. The Anticipatory Bail Application is disposed of accordingly.
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12. As the Anticipatory Bail Application is disposed of, nothing
survives in the Interim Application and the same is also disposed
of.
[MADHAV J. JAMDAR, J.]
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