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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

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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                                                      28-ABA-157-2025.DOC




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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                                                    28-ABA-157-2025.DOC




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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