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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 3(5)
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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