Bombay High Court

SANTOSH SHARAD NARKARversusSTATE OF MAHARASHTRA AND ANR

Disposal: Allowed

Holding

The Court converted the interim anticipatory bail order into an absolute bail order, imposing additional conditions and disposing of the application.

Summary

Santosh Sharad Narkar, a bank branch manager, was charged under Sections 316(2), 316(5), 318(4), 336(2) and 338 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged financial misconduct. He filed an anticipatory bail application (Cr. Anticipatory Bail Appln. No. 219 of 2026) asserting that an audit report dated 26 June 2024 exonerated the bank transactions and that he had no personal involvement. The High Court initially granted interim bail on 12 May 2026, subject to conditions requiring regular attendance at the police station and cooperation with the investigation. On 17 August 2026, after confirming that the applicant had complied with those conditions, the Court made the interim order absolute, adding further conditions such as furnishing a PR bond, providing residential details, and prohibiting any inducement of witnesses. The application was consequently disposed of, effectively granting anticipatory bail with the stipulated conditions.

Issues considered

What is the appropriateness of granting anticipatory bail to the applicant under the Bharatiya Nagarik Suraksha Sanhita, 2023?
Whether the applicant's cooperation with the investigating officer satisfies the criteria for converting interim bail into absolute bail?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 316(2), 316(5), 318(4), 336(2), 338

Subjects

anticipatory bail
pre‑arrest bail
Bharatiya Nagarik Suraksha Sanhita
banking fraud
co‑operation with investigation
bail conditions
branch manager

Judgment

17-ABA-219-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 219 OF 2026

Santosh Sharad Narkar … Applicant
Versus.
The State of Maharashtra And Anr. … Respondents

-----
Mr. Paras Yadav for the Applicant.
Mr. Nitin B. Patil, A.P.P. for the Respondent-State.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 17th August 2026.

PER COURT :

1. Heard Mr. Paras Yadav, learned Advocate for the Applicant and Mr.

Nitin B. Patil, learned A.P.P. for the Respondents-State.

2. On 12th May 2026, the following order was passed :-

“1. By this application, the applicant is seeking pre-arrest bail
for the offence registered against him under Sections
316(2), 316(5), 318(4), 336(2), 338 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
2. It is the case of the present applicant that in the year 2024,
the Chartered Accountant had submitted his report on 26 th

osk 1 of 4
17-ABA-219-2026 (CR).docx

June 2024 and clarified that all the Bank transactions were
done within the available powers of the bank. The alleged
period of transaction in the complaint /FIR is between 1
April 2023 to 31 July 2024. Hence, the report of Auditor
dated 26th June 2024 is important in the matter.
3. The applicant states that he being Branch Manager, is not
involved in the matter. Audit Report of relevant period is
important to consider his involvement in alleged crime.
4. Considering the fact that the applicant is a Branch Manager
and undertakes to co-operate with the investigation, though
there is a strong objection by the learned APP in the matter,
interim protection is granted to the applicant subject to the
following conditions.
5. There shall be ad-interim relief in terms of prayer clauses
(b) and (c).
6. The applicant is directed to attend the concerned Police
Station on every Monday, Wednesday and Friday between
11.00 a.m. to 02.00 p.m. and co-operate with the
Investigating Officer.
7. The Investigating Officer is at liberty to move application in
the event the applicant failed to co-operate with the
investigation.
8. List the matter on 11th June 2026.”

3. Mr. Paras Yadav, learned Advocate for the Applicant, states that the

Applicant has been attending to the Investigating Officer and co-operating

osk 2 of 4
17-ABA-219-2026 (CR).docx

with the investigation in Crime No. 14 of 2026, registered with the Ratnagiri

City Police Station, District Ratnagiri.

4. Mr. Nitin B. Patil, learned A.P.P. for the Respondents-State, on

instructions, submits that the Applicant has been reporting and appearing

before the Investigating Officer, Ratnagiri City Police Station.

5. As the Applicant has been protected by this Court by way of an ad-

interim order dated 12th May 2026, and in view of the statements made by

Mr. Paras Yadav and Mr. Nitin B. Patil, the learned A.P.P., recorded in

paragraph Nos. 3 and 4 hereinabove, I deem it appropriate to make the order

dated 12th May 2026 absolute. In addition to conditions Nos. 6 and 7 in the

order dated 12th May 2026, the following additional conditions are imposed

on the Applicant.

ADDITIONAL CONDITIONS:-

“(a) In the event of the arrest of the Applicant in Crime No. 14 of

2026, registered with the Ratnagiri City Police Station, District

Ratnagiri, the Applicant shall be released on bail on furnishing a

PR bond of Rs. 50,000/- (Rupees Fifty Thousand only), with one

or two sureties in the like amount to the satisfaction of the

Investigation Officer, Ratnagiri City Police Station, District

Ratnagiri.

osk 3 of 4
17-ABA-219-2026 (CR).docx

(b) The Applicant shall co-operate with the investigation in Crime

No. 14 of 2026, registered with the Ratnagiri City Police Station,

District Ratnagiri.

Station, District Ratnagiri, on every Monday, Wednesday and

Friday, between 11:00 a.m. to 2:00 p.m., till the filing of the

chargesheet.

(d) The Applicant shall not, directly or indirectly, make any

inducement, threat or promise to any person acquainted with

the facts of the case to dissuade that person from disclosing the

facts to the Court or any police officer.

(e) The Applicant shall provide the Investigating Officer with his

residential address along with proof, his contact number and

must inform the Investigating Officer of any changes to this

information from time to time. ”

6. Criminal Anticipatory Bail Application No. 219 of 2026 is disposed off.

[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.08.18
13:39:00 +0530

osk 4 of 4

Continue reading with your account

Checking your session…