Bombay High Court

DIPAK AKARAM GHADAGE AND ANRversusSTATE OF MAHARASHTRA AND ANR

Disposal: Allowed

Holding

The Court confirmed anticipatory bail for Dipak Akaram Ghadage with a condition to appear before the Additional Sessions Judge, and rejected anticipatory bail for Viru Deepak Ghadage due to non‑compliance with the interim bail conditions.

Summary

The applicants, Dipak Akaram Ghadage and Viru Deepak Ghadage, sought anticipatory bail under Section 438 of the CrPC in connection with CR No.81 of 2023, which alleged offences under IPC sections 376(2)(n), 376(2)(f) and 504 r/w 34. An interim bail was earlier granted in ABA No.2313 with several conditions, including regular appearance before the investigating officer and non‑interference with witnesses. The State argued that Viru had violated these conditions and failed to cooperate, while Dipak had complied and even appeared before the investigating officer. The Court examined whether the conditions of the interim bail were satisfied and whether non‑compliance justified revocation of anticipatory bail. It confirmed anticipatory bail for Dipak, adding the condition that he must appear before the Additional Sessions Judge on 28 September 2026 to receive the charge‑sheet. Conversely, the Court rejected anticipatory bail for Viru, holding that his failure to appear and cooperate amounted to non‑compliance with the bail conditions. The application was thus disposed, with bail upheld for one applicant and denied for the other.

Issues considered

Whether anticipatory bail should be granted to Dipak Akaram Ghadage in view of his compliance with interim bail conditions.
Whether anticipatory bail should be granted to Viru Deepak Ghadage despite alleged non‑compliance with interim bail conditions.
Whether non‑cooperation with the investigation justifies revocation of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438
Indian Penal Code, 1860 — s. 143, 147, 149, 323, 354, 364-A, 376(2)(f), 376(2)(n), 504, 506
Protection of Children from Sexual Offences Act, 2012 — s. 10, 8

Subjects

anticipatory bail
Section 438 CrPC
interim bail conditions
non‑compliance
IPC 376
IPC 504
revocation of bail

Judgment

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29-ABA-2914-2023 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 2914 OF 2023

1. Dipak Akaram Ghadage
2. Viru Deepak Ghadage …...Applicants

VERSUS.

State Of Maharashtra And Anr. …...Respondents

-----

Mr. Somnath Thengal i/b Mr. Dilip Shinde, for Applicants.
Dr. Ashvini A. Takalkar, APP, for Respondent No.1 - State.
Mr. Ranjeet H. Patil i/b Adv. Saili Dhuru, for Respondent No.2.
PSI, Mr. Kakde, H.C., Mr. N. B. Yadav, Kundal Police Station, present.
Digitally
signed by
-------
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.22
12:47:13
+0530

CORAM : ASHWIN D. BHOBE, J.
DATE : 21st SEPTEMBER, 2026.
P.C.

1. At the request of Mr. Somnath Thengal, learned Advocate for the

Applicants and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 –

State, Anticipatory Bail Application No.2914 of 2023 is de-tagged from

Anticipatory Bail Application No.2313 of 2023.

2. Heard, Mr. Somnath Thengal, learned Advocate for the

Applicants, Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 –

State and Mr. Ranjeet H. Patil, learned Advocate for Respondent No.2.

Shantanu S. Dhudum
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29-ABA-2914-2023 (CR).DOC

3. On 23rd October 2023, the following order was passed:

“1. Heard the learned counsel for the applicants and the learned APP for
the State.

2. This application is preferred seeking pre-arrest bail in connection with
C.R. No.81 of 2023 registered at Kundal police station for the offences
punishable under sections 376(2)(n), 376(2)(f) and 504 of Indian
penal Code, 1860.

3. By an order dated 18th August, 2023 in ABA No. 2313 of 2023 this
Court was persuaded to grant interim protection to the co- accused.
The observations in paragraph Nos. 2 to 4 are as under:-

2] Ordinarily considering the nature of allegations, this Court
would not have entertained application under Section 438
of Cr.P.C. However, facts of this case create exceptions to the
General Rule. The facts which are peculiar in the present
case are as under:

i. Registration of First Information Report by father- in- law
against the victim which resulted into her arrest and release
on bail in the month of December 2022

ii. The first alleged incident is of 9th January 2023 against the
father-in-law.

iii. The second alleged incident is of 15th January 2023 against
the brother-in-law.

iv. The third alleged incident is of 4th April 2023 against the
cousin father-in-law.

v. The forth incident against cousin brother-in-law alleged to
have occurred on 6th April 2023.

3] The report has been lodged on 14 July 2023.

Shantanu S. Dhudum
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29-ABA-2914-2023 (CR).DOC

4. At this stage, prima facie, it is inconceivable that the
incident alleged against the person who was responsible for
sending the victim in jail would not be reported for the
period of six months. The applicants have, therefore, made
out a case for grant of interim relief. Hence, following
order:

a) In the event of arrest of the applicants in connection with
C.R.No.81 of 2023 registered with

Kundal police station, Sangli for offences punishable under
Sections 376(2) (n), 376(2)(f), 504 r/w 34 of IPC, they be
released on interim bail on furnishing P.R. bond of
Rs.15,000/- each, along with one or two sureties in the like
amount.

b) The applicants shall remain present before the concerned
police station on 21st, 23rd and 25 th August, 2023 between
11:00 am to 2:00 pm and thereafter, as and when called by
the investigating officer.

c) The applicants shall not directly or indirectly make any
inducement, threat or promise to any witness acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.

d) The applicants shall not obstruct or hamper the police
investigation and not to play mischief with the evidence
collected or yet to be collected by the police.

e) The applicants shall, at the time of execution of the bond,
furnish their addresses and mobile numbers to the
investigating officer, and the Court concerned, and shall not
change the residence till the final disposal of the case.

4. The aforesaid reasons govern the case of the applicants with equal
force.

Shantanu S. Dhudum
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29-ABA-2914-2023 (CR).DOC

5. The learned APP submitted that another crime being C.R. No. 138 of
2023 has been registered against the applicants for the offences
punishable under sections 364-A, 354, 143, 147, 149, 323, 504 and
506 of Indian Penal Code, 1860 and sections 8 and 10 of the
Protection of Children from Sexual Offences Act, 2012.

6. The learned counsel for the first informant submitted that the
applicants and the co-accsued in ABA No. 2313 of 2023 had
kidnapped the minor children of the first informant while the co-
accused were on interim bail. It was submitted that the applicants
therefore do not deserve the exercise of the discretion.

7. Indeed crimes have been registered against the applicants. However,
there is a counter version. The genesis of the dispute leading to the
instant first information report prima facie appears to be in the death
of the husband of the first informant. In that connection the first
informant and her brother were arraigned and have since been
released on bail. Thereafter, it seems, a number of first information
reports have been registered from both the sides against the members
of the adverse party. In the first information report No. 138 of 2023
the first informant adverts to the fact that since a couple of months
there have been disputes between the family members of the
informant and her in laws and a number of first information reports
have been registered.

8. In the aforesaid backdrop, on parity, I am inclined to grant interim
protection to the applicants.

9. In the event of arrest in C.R. No. 81 of 2023 registered with Kundal
police station, the applicants be released on bail on furnishing a P.R.
bond in the sum of Rs.30,000/- with one or two sureties in the like
amount, each.

10. The applicants shall cooperate with the investigation and attend
Kundal police station, on 30th, 31st October, 2023 and 1 st November,
2023 in between 10 am to 1 pm till the next date.

Shantanu S. Dhudum
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11. The applicants shall not enter the limits of Miraj Taluka for a period of
six months.

12. The applicants shall not contact the first informant and/or her
children, tamper with the prosecution evidence and give threat or
inducement to first informant, any of the prosecution witnesses or any
person acquainted with the facts of the case.

Stand over to 30th November, 2023.”

4. Mr. Somnath Thengal, learned Advocate for the Applicants,

states that Applicant No.1 (Dipak Akaram Ghadage) has appeared before

the Investigating Officer and has cooperated with the investigation in

Crime No. 81 of 2023. He submits that the Applicant shall continue to

cooperate with the Investigating Officer and appear before the

Investigating Officer and the Court, as and when required.

5. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 –

State, on instructions from the Investigating Officer, submits that Applicant

No.1 (Dipak Akaram Ghadage) has cooperated with the investigation, as a

result of which, the investigation in Crime No. 81 of 2023, as far as

Applicant No.1 (Dipak Akaram Ghadage) is concerned, is complete. She

states that the charge-sheet is ready for filing. She further states that the

charge-sheet would be filed on 28th September 2026 before the Court of

the Additional Sessions Judge, Vita. She submits that the Investigating

Officer requires the presence of Applicant No.1 (Dipak Akaram Ghadage)

on the date of filing of the charge-sheet before the Court of the Additional

Sessions Judge, Vita.

Shantanu S. Dhudum
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29-ABA-2914-2023 (CR).DOC

6. Mr. Somnath Thengal, learned Advocate for the Applicants, on

instructions from Applicant No.1 (Dipak Akaram Ghadage), states that

Applicant No.1 (Dipak Akaram Ghadage) shall appear before the Court of

the Additional Sessions Judge, Vita, as and when the charge-sheet is filed.

7. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 –

State, submits that, in view of the statement made by Advocate Mr.

Somnath Thengal, on instructions from Applicant No.1 (Dipak Akaram

Ghadage) to remain present before the Court of the Additional Sessions

Judge, Vita, the custodial interrogation of Applicant No.1 in Crime No. 81

of 2023 is not required.

8. With reference to Applicant No.2 (Viru Deepak Ghadage), Dr.

Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 – State, on

instructions, states that despite the interim bail granted on 23 rd October

2023, Applicant No.2 has neither appeared before the Investigating Officer

nor cooperated with the investigation in Crime No. 81 of 2023. She

submits that despite the directions contained in paragraph No.10 of the

order dated 23rd October 2023, Applicant No.2 (Viru Deepak Ghadage) has

violated the same, as such, the investigation against Applicant No.2 (Viru

Deepak Ghadage) in Crime No. 81 of 2023 is pending and has not

proceeded further. She therefore opposes this application in relation to

Applicant No.2 (Viru Deepak Ghadage).

Shantanu S. Dhudum
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29-ABA-2914-2023 (CR).DOC

9. Mr. Somnath Thengal, learned Advocate for the Applicants,

submits that Applicant No.2 (Viru Deepak Ghadage) has not contacted

his / the Office of the Advocate on record since the grant of ad-interim bail

on 23rd October 2023. He further submits that all his efforts to contact

Applicant No.2 (Viru Deepak Ghadage) have been futile. He submits that

the whereabouts of Applicant No.2 (Viru Deepak Ghadage) are unknown.

In view of the statement made by Mr. Somnath Thengal, learned Advocate

for the Applicants, Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent

No.1 – State, submits that the interim bail granted to Applicant No.2 (Viru

Deepak Ghadage) be set aside and this Application be dismissed.

10. In view of the above, the order dated 23 rd October 2023 passed

in Anticipatory Bail Application No. 2914 of 2023, insofar as Applicant No.

1 (Dipak Akaram Ghadage) is concerned, is hereby confirmed and made

absolute in terms of paragraphs 8, 9, 10, 11 and 12, with the following

additional condition:

(A) Applicant No.1 (Dipak Akaram Ghadage) shall appear before

the Court of the Additional Sessions Judge, Vita, on 28th

September 2026 at 10:30 a.m. for receiving a copy of the

charge-sheet in Crime No. 81 of 2023.

11. The Anticipatory Bail Application No.2914 of 2023, insofar as

Applicant No.2 (Viru Deepak Ghadage) is concerned, is rejected for non-

compliance with the conditions imposed in the ad-interim bail granted on

Shantanu S. Dhudum
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29-ABA-2914-2023 (CR).DOC

23rd October 2023, particularly condition No.10 and for his non-

cooperation in the investigation of Crime No.81 of 2023. It is clarified that

the order dated 23rd October 2023 passed in this Application in favour of

Applicant No.2 (Viru Deepak Ghadage) stands vacated and this Application

is rejected.

12. Criminal Anticipatory Bail Application No.2914 is disposed of in

the above terms.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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