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Bombay High Court

OMKAR MANOHAR BOWLEKARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

Anticipatory bail is granted to the applicant subject to a cash bond, surety, and specified conditions.

Summary

The applicant, Omkar Manohar Bowlekar, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a theft case (Crime No. 323 of 2026) alleging the theft of a 22‑gram gold necklace. The FIR, filed a year after the alleged incident, was based largely on suspicion and the complainant’s claim that the applicant had confessed, which the applicant denied. The State argued that the applicant had not cooperated with the investigation despite being directed to do so. The Court observed that the allegations were still under investigation, that the offence could be investigated without the applicant’s custody, and that the co‑accused had already been granted anticipatory bail. Consequently, the Court allowed the anticipatory bail application, imposing a cash bond of Rs. 25,000, a surety, and conditions of attendance, non‑interference with witnesses, and compliance with any breach provisions.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the FIR is based on suspicion and delayed filing.
  • Whether the alleged confession and alleged non‑cooperation of the applicant justify denial of bail.
  • Whether imposing conditions such as bond, surety, attendance, and non‑interference with witnesses is appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • theft
  • pre‑arrest bail
  • cash bond
  • conditions of bail

Judgment

                                                 916-ABA-2301-2026.ODT




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
        ANTICIPATORY BAIL APPLICATION NO. 2301 OF 2026
Omkar Manohar Bowlekar                               …Applicant
      Versus
The State of Maharashtra                             …Respondent


Adv. Vivek B. Rane, for the Applicant.
Ms. Poonam P. Bhosale, A.P. P., for the Respondent – State.
PSI Ankush Patil, Kalwa Police Station, Thane is present.


                     CORAM :          PRAFULLA S. KHUBALKAR, J.
                     DATE        :     1ST SEPTEMBER 2026
P.C:-

1.      Heard learned counsel for applicant as well as learned

APP for respondent – State.

2.      The applicant has filed instant application under Section

482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 seeking

pre-arrest bail in connection with Crime No. 323 of 2026 dated

10.06.2023, registered with Kalwa Police Station, Thane, for the

offence punishable under Sections 305 read with Section 3(5) of

The Bharatiya Nyaya Sanhita, 2023.

3.      The FIR is registered on the basis of a report lodged by

complainant alleging that during the period from 20.04.2025 to



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10.05.2025 when the accused persons had visited complainant’s

house (accused no.1 being niece of informant’s wife), there was

a theft of 22 grams Gold necklace from their house. On the basis

of these allegations, FIR is registered against two accused

persons including this applicant who is arraigned as accused

no.2.

4.      Learned counsel for applicant submits that, the FIR is

registered after unexplained delay of about one year. The

allegation about theft is only on account of suspicion. There is

no material to show that this applicant is involved in the

offence. Apart from this, he states that the applicant has never

given any confession and the allegations in that regard are also

false. He also states that the accused no.1 has been granted

anticipatory bail by Sessions Court by order dated 08.07.2026 in

Criminal Bail Application No. 1079 of 2026. He also states that

there are no criminal antecedents against this applicant and in

accordance with the interim order dated 17th August 2026, this

applicant has attended police station and extended co-

operation.




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5.    As against this, learned APP for respondent – State

opposed the application and submitted that the complainant has

made specific allegations in the report that the applicant has

confessed the offence. It is also submitted that although a

direction was given to extend co-operation, the applicant has

not co-operated investigation even though had attended the

police station .


6.    Perused the FIR and the documents placed on record. At

this stage, it appears that the offence is registered on the basis of

suspicion. The contentions about confession if any,         are the

subject matter of investigation. Considering the allegations in

the FIR, it is clear that the investigation can be carried out

without insisting for custody of this applicant. Further, it has to

be noted that the anticipatory bail is also granted to accused

no.1 Karishma Omkar Bowlekar. Further considering the fact

that, this applicant has attended the Police Station in accordance

with the interim protection granted by this Court, the same

needs to be confirmed, subject to certain conditions.




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7.          Hence, I pass following order :-

                                           ORDER

             (i)    The Anticipatory Bail Application is allowed.

             (ii)   In the event of arrest of the applicant in Crime
                    No. 323 of 2026, registered with Kalwa Police
                    Station, Thane, for the offence punishable
                    under Sections 305 read with Section 3(5) of
                    The Bharatiya Nyaya Sanhita, 2023, he be
                    released on bail on furnishing P. R. Bond of
                    Rs. 25,000/- (Rupees Twenty Five Thousand
                    only), with one solvent surety of the like
                    amount.

             (iii) The applicant is directed to attend the police
                    station as and when called upon by the
                    investigating        agency,       till   filing   of   the
                    chargesheet.

             (iv) The     applicants         shall     not    pressurize    the
                    prosecution witnesses, in any manner.

             (v)    Breach of any of these conditions, shall be a
                    ground for cancellation of the bail.

8.          Anticipatory Bail Application is disposed of in above

terms.

                                               (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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