Bombay High Court
DEEPAK BHEEMRAO KATARKARversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court held that anticipatory bail may be granted in the present sexual assault case, subject to stringent conditions, as the facts did not preclude bail.
Summary
The applicant, Deepak Bheemrao Katarkar, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a sexual assault case (CR No.37 of 2026) alleging offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant sexually assaulted the victim on or about 15 January 2026, while the applicant contended that prior text messages indicated a consensual relationship dating back to November 2025. The State argued that custodial interrogation was necessary and that the seriousness of the offence warranted denial of bail. The court examined the evidence, noting the existence of earlier communications but also the gravity of the alleged assault, and concluded that bail could be granted with strict conditions to safeguard the investigation. Accordingly, the court ordered the applicant’s release on bail upon furnishing a bond and imposed conditions such as regular police reporting, non‑interference with witnesses, and disclosure of contact details. The anticipatory bail application was therefore disposed of in the applicant’s favour, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in a sexual assault case.
- Whether the seriousness of the alleged offence and the need for custodial interrogation preclude the grant of anticipatory bail.
- Whether prior consensual communication between the accused and the complainant affects the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bharatiya Nyaya Sanhita — s. 3(6), 63(a), 63(d)(i), 63(d)(iii), 64(1)
- Protection of Children from Sexual Offences Act
Subjects
- anticipatory bail
- sexual assault
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- POCSO
- bail conditions
- criminal procedure
Judgment
02-ABA-2256-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ARJUN ANTICIPATORY BAIL APPLICATION NO.2256 OF 2026
VITTHAL Deepak Bheemrao Katarkar …Applicant
KUDHEKAR
Versus
Digitally signed by
ARJUN VITTHAL The State of Maharashtra & Anr. …Respondents
KUDHEKAR
Date: 2026.08.27
15:13:38 +0530
Mr. Aashay Rabade, for the Applicant.
Mr. S. V. Walve, APP, for the Respondent-State.
Ms. Princi Jaiswal, appointed for Respondent No.2.
API B. V. Dodmise, Ambegaon Police Station, Pune City, present.
CORAM: MADHAV J. JAMDAR, J.
DATED: 25 AUGUST 2026
PC:-
1. Heard Mr. Rabade, learned Counsel appearing for the
Applicant, Mr. Walve, learned APP, for the Respondent-State of
Maharashtra and Ms. Jaiswal, learned Counsel appointed to
represent the interest of Respondent No.2.
2. By this Anticipatory Bail Application filed under Section 482
of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the Applicant is
seeking pre-arrest bail in connection with CR No.37 of 2026
registered with the Ambegaon Police Station, Pune City, for the
offences punishable under Sections 63(d)(i), 63(d)(iii), 63(a),
64(1) and 3(6) of the Bharatiya Nyaya Sanhita, 2023.
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02-ABA-2256-2026.DOC
3. The Applicant is Accused No.3. As per the prosecution case,
Accused No.1 has sexually assaulted the victim on many occasions
about 1 year before filing the FIR. The allegation against Accused
No.2 is also about sexual assault which was committed by him 20
days before filing the FIR. Insofar as the Applicant i.e. Accused
No.3, as per the FIR, he has sexually assaulted the victim about 15
days prior to the filing of the FIR.
4. The FIR was lodged on 30th January 2026. Thus, as per the
FIR, the victim was subjected to the sexual assault by the Applicant
i.e. Accused No.3 on or about 15th January 2026. As per the
prosecution case, before 15th January 2026, the victim and the
Applicant were not known to each other.
5. However, Mr. Rabade, learned Counsel for the Applicant,
points out that there were text messages sent by the victim to the
Applicant which are much prior to the said date of 15th January
2026. He submits that the relationship is consensual relationship.
He submits that the Applicant will cooperate with the
investigation. He further submits that the Charge-sheet has already
been filed.
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02-ABA-2256-2026.DOC
6. On the other hand, Ms. Jaiswal, learned Counsel appointed
to represent the interest of Respondent No.2, submits that the
offence is very serious where the Applicant has sexually assaulted
the victim. She points out the observations made in the Order
dated 29th June 2026 passed by the learned Special Judge (under
POCSO Act), Pune and particularly in Paragraph No.6. She submits
that although Accused No.1 has been arrested and released on
regular bail, parity is not applicable to the Applicant. She submits
that the offence is serious and heinous and, therefore, the
Anticipatory Bail Application be dismissed.
7. Mr. Walve, learned APP, for the Respondent-State, submits
that, in the facts and circumstances, custodial interrogation of the
Applicant is necessary and, therefore, the Anticipatory Bail
Application be dismissed.
8. Perusal of the record shows that, even as per the prosecution
case, insofar as the Applicant is concerned, he has sexually
assaulted the victim on or about 15th January 2026. However, the
documents annexed to the Application, shows that much prior to
the said date/period, the victim has sent text messages to the
Applicant. Such text messages were at least sent in November
2025. It is the submission of the Applicant that the relationship
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02-ABA-2256-2026.DOC
between the Applicant and the first informant is consensual.
9. Thus, in the facts and circumstances, case is made out for
grant of anticipatory bail, by imposing stringent conditions. In view
thereof, the following Order is passed:
ORDER
(a) In the event of arrest of the Applicant - Deepak
Bheemrao Katarkar in connection with CR No.37 of
2026 registered with the Ambegaon Police Station,
Pune City, the Applicant is directed to be released on
bail on his furnishing PR Bond in the sum of
Rs.50,000/- with one or two solvent sureties in the
like amount.
(b) The Applicant shall attend the concerned Police
Station on 1st September 2026 and 2nd September
2026 between 11:00 am and 02:00 pm and,
thereafter, once in a week i.e. on every Monday
between 11:00 am and 02:00 pm, till filing of the
Charge-sheet.
(c) The Applicant shall furnish his cell phone number and
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02-ABA-2256-2026.DOC
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
thereto.
(d) The Applicant 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 Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
10. The Anticipatory Bail Application is disposed of accordingly.
11. This Court places on record the appreciation for the
assistance rendered by Ms. Princi Jaiswal, learned Counsel
appointed to represent the interest of Respondent No.2. The High
Court Legal Services Committee, Mumbai is requested to pay
professional fees of Ms. Princi Jaiswal, as per rules.
[MADHAV J. JAMDAR, J.]
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