Bombay High Court
JAGNNATH TUKARAM GHADAGEversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed Off
Holding
The court allowed the anticipatory bail application, making the order absolute subject to the stipulated conditions.
Summary
The High Court of Bombay (Kolhapur bench) considered an anticipatory bail application filed by Jagnnath Tukaram Ghadage, owner of Swaranjali Kala Kendra, in connection with FIR No.149/2026 alleging offences under the Immoral Traffic (Prevention) Act, 1956 and the Bharatiya Nyaya Sanhita, 2023. The applicant contended that the police investigation was mala‑fide and that the statutory provisions did not apply to him. The State argued that the applicant had fully cooperated with the investigation, a charge‑sheet had been filed and custody was therefore unnecessary. After hearing both sides, the court noted the applicant’s cooperation and the completion of the investigation and held that anticipatory bail should be granted subject to conditions. The court ordered that, if arrested, the applicant be released on bail upon furnishing a personal bond of Rs 50,000 with two sureties and imposed conditions not to tamper with evidence and to keep the police informed of his residential address and contact details. The application was allowed and disposed of.
Issues considered
- Whether the applicant is liable to be arrested under Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956 and Sections 143(2), 143(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether anticipatory bail can be granted in view of the applicant’s alleged cooperation and the filing of a charge‑sheet.
- Whether the police investigation was mala‑fide, justifying denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143(2), 143(3), 3(5)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
Subjects
- anticipatory bail
- Immoral Traffic (Prevention) Act
- Bharatiya Nyaya Sanhita
- police investigation
- mala fide
- bail conditions
- cooperation with investigation
Judgment
45 - ABA - 237 - 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
RAMESH
CRIMINAL APPELLATE JURISDICTION
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.22
20:02:45 +0530
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 237 OF 2026
Jagnnath Tukaram Ghadage … Applicant
V/s.
The State of Maharashtra & Anr. … Respondents
Mr. Ritesh M. Thobde i/by Mr. Darshan Singh Rajpurohit
for the Applicant.
Ms. S. N. Deshmukh, APP for the State.
G. K. Kshirsagar, Police Constable, Tembhurni Police
Station, is present.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 21, 2026
P.C.:
1. Heard Mr. Ritesh M. Thobde, learned Advocate for the Applicant
and Ms. S. N. Deshmukh, learned APP for the State.
2. On 8th May 2026, the following order was passed:
“ 1. Heard learned advocate for the Applicant and learned APP for the
Respondent – State.
2. This is an application filed for anticipatory bail in connection with F.I.R.
bearing Crime No.149 of 2026 dated 15 th March, 2026 registered with
Tembhurni Police Station, Solapur Rural, Solapur, for the offences punishable
under Sections 3, 4, 5 and 6 Immoral Traffic (Prevention) Act, 1956 (for
short, “PITA”) AND Sections 143(2), 143(3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 (for short, “BNS”).
3. Learned advocate for the Applicant submitted that the Applicant is owner
of Swaranjali Kala Kendra, situated at Modnimb, Taluka. Madha, District:
Solapur. He further submits that, by an agreement dated 28 th January, 2026,
the Applicant had permitted one Vishal Lata Pawar i.e. Accused No.2, and one
Sunil Vilas Bhanvase to run the said premises / Kala Kendra. That, notice of
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termination dated 30th April, 2026 has been issued. That, a perusal of the
F.I.R. indicates that according to the statement of the Manager of the said
Kala Kendra as recorded in the F.I.R. the Accused No.2 was the person
conducting the said premises since last two years although the agreement was
executed on 28th January, 2026 between the present Applicant and Accused
No.2. He would further submit that, the action of the police authorities is
mala fides in as much as though the agreement is executed with Vishal Lata
Pawar and Sunil Vilas Bhanvase, Only one of the person i.e. Sunil Vilas
Bhanvase who is conducting / in charge of the place has not been made an
accused. That, the said act of the investigation authorities is mala fide. He
would further submit that on a perusal of the F.I.R. the sections as alleged i.e.
Sections 3, 4, 5 and 6 of the PITA Act and Sections 143(2) and 143(3) of the
BNS would not be applicable to the Applicant.
4. Learned APP seeks time to take instructions and to file an affidavit-in-
reply.
5. Learned Advocate for the Applicant would submit that the Applicant is
ready to co-operate with the investigation in the present case.
6. The Applicant is directed to attend the concerned police station on 11,
13 and 15th May, 2026 between 11:00 a.m. to 2:00 p.m. as and when called
by the Investigating Officer and thereafter.
7. In the meantime, there shall be ad-interim relief in terms of prayer clause
(b).
8. Stand over to 11th June, 2026.”
3. Mr. Ritesh M. Thobde, learned Advocate for the Applicant, states
that the Applicant has appeared before the Investigation Officer and has
cooperated in the investigation of Crime No. 149 of 2026.
4. Ms. S. N. Deshmukh, learned APP for the State, on instructions
from the Investigation Officer, submits that the Applicant has appeared
before the Investigation Officer as and when required and has
cooperated with the investigation in Crime No. 149 of 2026. She further
states that the investigation is complete and the charge-sheet is filed in
Crime No. 149 of 2026. In view of the filing of the charge-sheet, Ms. S.
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N. Deshmukh, learned APP states that custody of the Applicant is not
required.
5. In view of the statement made by Ms. S. N. Deshmukh, learned
APP for the State, that the Applicant has cooperated with the
Investigation Officer and the custody of the Applicant is not required in
Crime No.149 of 2026 this Application is allowed by confirming the
order dated 8th May 2026 and making the same absolute on the
following conditions:
(a) In the event of arrest of the Applicant in connection with
Crime No. 149 of 2026 dated 15th March 2026, registered with
Tembhurni Police Station, Solapur Rural, Solapur, the Applicant
shall be released on bail upon furnishing a PR bond in the sum of
Rs. 50,000/- (Rupees Fifty Thousand only), with two sureties in
the like amount to the satisfaction of the Investigating Officer,
Tembhurni Police Station, Solapur Rural, Solapur.
(b) The Applicant shall not tamper with the evidence.
(c) The Applicant shall provide the Investigation Officer,
Tembhurni Police Station, Solapur Rural, Solapur, with his
residential address along with proof, his contact number and
must inform the Investigating Officer of any changes to this
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information from time to time.
6. Anticipatory Bail Application No.237 of 2026 is allowed and
disposed of.
(ASHWIN D. BHOBE, J.)
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