Bombay High Court

ANIL BAPU ITHAPEversusTHE STATE OF MAHARASHTRA

Decided: 18 September 2026
Disposal: Allowed

Holding

Anticipatory bail was granted to the applicant with conditions.

Summary

The applicant, Anil Bapu Ithape, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a FIR alleging assault, theft of ornaments, and outraging the modesty of a woman. The prosecution alleged that on 29 July 2026 the accused, including the applicant, attacked the informant, demanded land documents, and committed various offences under the Bharatiya Nyaya Sanhita, 2023. The applicant’s counsel argued that the incident was a spur‑of‑the‑moment occurrence, the injuries were minor, and the FIR was false, noting no prior antecedents against him. The court examined the record, found the allegations to be of a transient nature and the injuries simple, and concluded that the criteria for denying anticipatory bail were not met. Accordingly, the court granted anticipatory bail, directing the applicant to furnish a personal bond of Rs.30,000 with sureties and to comply with several conditions, including regular police reporting and non‑interference with witnesses. The application was disposed of by granting bail with the stipulated conditions.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 BNSS in view of the alleged offences.
Whether the FIR constitutes a false or frivolous complaint warranting denial of bail.
Whether the nature of the alleged injuries and the circumstances justify the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 119(1), 189(2), 190, 191(2), 333, 351(2), 351(3), 352

Subjects

anticipatory bail
Section 482
BNSS
BNS
assault
theft
outraging modesty
bail conditions

Judgment

37-ABA-2446-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2446 OF 2026

Anil Bapu Ithape …Applicant
Versus
The State of Maharashtra …Respondent

Mr. Prasanna Kishor Shahane h/f. Mr. Milind Deshmukh, for the
Applicant.
Mr. S. V. Walve, APP, for the Respondent-State.
Mr. B. B. Thikole, PSI, attached to Yavat Police Station, Pune,
present.

CORAM: MADHAV J. JAMDAR, J.
DATED : 18th SEPTEMBER 2026
PC:-

1. Heard Mr. Shahane, learned Counsel appearing for the

Applicant and Mr. Walve, learned APP appearing for the

Respondent-State.

2. This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail

in connection with C.R. No.761 of 2026 registered with Yavat

Police Station, Pune Rural, Pune, for the offences punishable under

Page 1
Sonali
37-ABA-2446-2026.DOC

Sections 119(1), 333, 115(2), 189(2), 191(2), 190, 352, 351(2)

and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

3. The prosecution case is set out in paragraph No.3 of the

order dated 17th August 2026 passed by the learned Additional

Sessions Judge, Baramati, Pune, in Criminal Bail Application

No.646 of 2026, which reads as under:

“3] It is the case of prosecution that on dt.
29.07.2026 at about 11.00 a.m. accused Rekha,
Kavita, Anil and 5 unknown persons came to the
house of informant. Thereafter, accused Rekha
and Kavita demanded original documents of the
land. At that time, informant showed her
ignorance regarding the possession of those
documents. Thereafter, accused Kavita and Rekha
physically assaulted the informant by fist and
kick blows. Moreover, other unknown women
also jostled with the informant and threatened to
kill her. Thereafter, accused Kavita snatched the
golden ornaments of the informant. Moreover,
accused Anil outraged the modesty of the
informant. Thus, informant started screaming. At
that time, informant's relative viz. Tejal came out
of her house. Thereafter, all the accused
threatened to kill the informant and her husband
and went away from the spot of incident.
Accordingly, informant lodged report about the
said incident to Patas Police Outpost.”

4. It is the submission of Mr. Shahane, learned Counsel

appearing for the Applicant that even as per the prosecution case,

Page 2
Sonali
37-ABA-2446-2026.DOC

the incident has taken place on a spur of moment and the injuries

are simple in nature. He submits that the FIR is false, as there is

prior FIR lodged against the husband of the First Informant

bearing C.R. No.756 of 2026.

5. Perusal of the record shows that the incident has taken place

on a spur of moment. In any case, the injuries are simple in nature.

There are no other antecedents against the Applicant.

6. Accordingly, the case is made out for grant of Anticipatory

Bail. In view thereof, the following order is passed:

ORDER

(a) In the event of arrest of the Applicant-Anil Bapu

Ithape in connection with C.R. No.761 of 2026

registered with the Yavat Police Station, Pune Rural,

Pune, the Applicant is directed to be released on bail

on his furnishing P.R. Bond in the sum of Rs.30,000/-

with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police

Station on 29th September 2026 between 11:00 a.m.

to 02:00 p.m. and shall cooperate with the

Page 3
Sonali
37-ABA-2446-2026.DOC

investigation. In addition, the Applicant shall attend

the concerned Police Station once in a fifteen days on

every first and third Sunday between 11:00 a.m. to

02:00 p.m. till filing of the chargesheet.

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.

(f) The Applicant shall not leave India without prior

permission of the Court.

7. The Anticipatory Bail Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.19
13:46:35
+0530 Page 4
Sonali

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.