RUPESH HARIBHAU KUMBARE AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

                                                                  913-ABA-1821-2026.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
       Digitally             ANTICIPATORY BAIL APPLICATION NO.1821 OF 2026
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.03   Rupesh Haribhau Kumbare & Anr.                    …Applicants
       10:32:56
       +0530              Versus
                    The State of Maharashtra & Anr.                   …Respondents


                    Mr. Vinod Kendre i/b. Mr. Vipul DUshing, for the Applicants.
                    Mrs. Savita M. Yadav, APP, for Respondent No.1-State.
                    Mr. Shailesh Kharat, for Respondent No.2.
                    Mr. Ravindra Alekar, API, attached to Kothrud Police Station, Pune
                    City, Pune, present.
                    Mr. Rupesh Haribhau Kumbare, Applicant No.1, present.
                    Mrs. Kanchan Rupesh Kumbare, Applicant No.2, present.
                    Mr. Manohar Aburao Dagade, Respondent No.2, present.


                                          CORAM:      MADHAV J. JAMDAR, J.
                                          DATED :     2nd SEPTEMBER 2026
                    PC:-


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

                    Applicants, Mrs. Yadav, learned APP appearing for Respondent

                    No.1-State and Mr. Kharat, learned Counsel appearing for

                    Respondent No.2.



                    2.       Both the learned Counsel tendered affidavits dated 2 nd

                    September 2026.




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3.       This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in

connection with C.R. No.155 of 2026 registered with Kothrud

Police Station, Pune, for the offences punishable under Sections 3

and 4 of the Maharashtra Protection of Interest of Depositors (In

Financial Establishments) Act, 1999 and Sections 316(2), 316(5),

318(4), 3(5) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.



4.       The prosecution case is set out in paragraph 5 of the

Anticipatory Bail Application, which reads as under:


            “5. That the prosecution story in nutshell is as
            under:
            A. On the basis of complaint lodged by one Manoj
            Dagade it is alleged that, M/s R.K. Life Space
            Developers Pvt. Ltd. which was ran by persons
            namely Rupesh Haribhau Kumbare, Kanchan
            Rupesh Kumbare, developed building namely
            "R.K. Gracia" on property which was owned by
            informant as per the agreed development
            agreement.
            B. It is further alleged that, Thereafter, by
            inducing and gaining trust as builders, the
            accused persons lured him by assuring that the
            flats allotted to his share in the said building
            could be sold at higher market rates. It is also
            alleged that accused obtained a Power of
            Attorney from informant for sale of the flats.
            Subsequently, they sold Flat Nos. 301, 902, and
            1102 in the said building to customers and, out




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            of the sale proceeds received, an amount of Rs.
            2,64,00,000/- belonging to his personal share
            was credited into their own bank accounts and
            induced him to reinvest the said amount in their
            company by assuring monthly returns at the rate
            of 2% on the investment.
            C. It is alleged that informant entrusted the said
            amount of Rs.2.64 Crores to accused as
            investment. However, the accused persons neither
            returned the principal investment amount nor
            paid any promised returns. Further, when
            informant demanded his investment amount
            personally as well as over phone calls, the
            accused persons threatened the informant.
            D. Accordingly, CR No. 155 of 2026 registered at
            Kothrud Police Station against the accused for
            offences punishable under Section 316(2),
            316(5), 318(4), 351(2), 3(5) of BNS, along with
            S. 3,4 Of Maharashtra Protection of Interest of
            Depositors Act.”

5.       Both the learned Counsel state that the Applicants are

builders and Respondent No.2 is the owner of the plot, which is

being developed by the Applicants. In view of monetary dispute, an

FIR was lodged based on the contention of Respondent No.2-First

Informant that he had been cheated. Both the learned Counsel

state that however, during the pendency of this Anticipatory Bail

Application, the parties have arrived at settlement dated 27 th

August 2026. A photocopy of the same is annexed to the affidavit

dated 2nd September 2026 of the Applicants tendered in Court.

Respondent No.2-First Informant has also filed an affidavit dated




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2nd September 2026. In the said affidavit, it is stated that the

Applicants will be paying total amount of Rs.3,25,00,000/- to the

Respondent No.2 and out of the same, Rs.2,38,00,000/- has

already been received by the Respondent No.2. The balance

amount of Rs.87,00,000/- has already been deposited before the

learned Sessions Court. In the affidavit of the Applicants dated 2 nd

September 2026, no objection has been given for transfer of the

said amount deposited before the learned Sessions Court at Pune,

Pune to the account of the First Informant-Respondent No.2.



6.       The Respondent No.2 has also filed the affidavit stating that

the dispute is settled pursuant to which, Rs.3,25,00,000/- have

been agreed to be paid and Rs.2,38,00,000/- have been received

by the Respondent No.2 and the balance amount of Rs.87,00,000/-

has been deposited by the Applicants before the learned Sessions

Court, Pune.



7.       Perused the FIR and the material on record. The same shows

that the dispute is predominantly of civil nature.




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8.       Accordingly, the case is made out for grant of Anticipatory

Bail. In view thereof, the following order is passed:


                                 ORDER

         (a)   In the event of arrest of Applicant No.1-Rupesh

               Haribhau Kumbare and Applicant No.2-Kanchan

               Rupesh Kumbare in connection with C.R. No.155 of

               2026 registered with the Kothrud Police Station, Pune

               City, Pune, the Applicants are directed to be released

               on bail on their furnishing P.R. Bond in the sum of

               Rs.10,000/- each with one or two solvent sureties

               each in the like amount.

         (b)   The Applicants shall attend the concerned Police

               Station as and when called by the Investigating

               Officer.

         (c)   The Applicants shall furnish their cell phone number

               and residential address 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




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               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.


9.       The Respondent No.2 is at liberty to file an Application

before the learned Sessions Judge, Pune for the withdrawal of the

amount of Rs.87,00,000/-, which has been deposited before the

learned Sessions Court, Pune. If such Application is filed and as the

Applicants have given their no-objection for the transfer of the said

amount into the account of the First Informant/Respondent No.2,

the learned Sessions Judge, Pune, is requested to pass an

appropriate order expeditiously.



10.      The Anticipatory Bail Application is disposed of accordingly.




                                            [MADHAV J. JAMDAR, J.]




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