Bombay High Court

PRAKASH ASHOK SONARversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal: Allowed

Holding

The Court confirmed and made absolute the anticipatory bail order, subject to modified reporting conditions.

Summary

The applicants, Prakash Ashok Sonar and Nitin Shivanand Potdar, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail for alleged offences under several IPC sections (354, 354A, 354B, 452, 323, 506 read with 34) and Sections 8 and 12 of the POCSO Act. They contended that the complaint was false, arising from a civil dispute, and that the principal accused, Akash Potdar, had already been released on bail. The trial court on 11 June 2026 granted interim bail with conditions, including regular reporting to the investigating officer. On 19 August 2026, Justice Ashwin D. Bhope confirmed the interim order, making the bail absolute while modifying the reporting schedule, and retained conditions requiring cooperation and non‑interference with the investigation. The application was therefore disposed with the bail order upheld.

Issues considered

The appropriateness of granting anticipatory bail under Section 482, BNSS 2023, in view of serious sexual offence allegations.
Whether the alleged false nature of the complaint and the existence of a separate bail order for the main accused affect the bail decision.
Whether the conditions imposed on the applicants are sufficient to safeguard the investigation and protect the victim’s interests.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Indian Penal Code, 1860 — s. 323, 34, 354, 354A, 354B, 452, 506
Protection of Children from Sexual Offences Act, 2012 — s. 12, 8

Subjects

anticipatory bail
Section 482
false complaint
IPC sexual offences
POCSO Act
bail conditions
cooperation with investigation

Judgment

Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN (903) ABA-294.26.DOCX
GOPAL Date:
CHANDAN 2026.08.20
14:44:31
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL ANTICIPATORY BAIL APPLICATION NO.294 OF 2026

Prakash Ashok Sonar & Anr. : Applicants.
Versus.
The State of Maharashtra and ors. : Respondents.
-----

Mr. Saurabh P Tandale for the Applicants.
Dr. A. A. Takalkar, APP for the Respondent Nos. 1 and 2 – State.
Ms. Vijayalaxmi Kamat, Advocate Appointed for Respondent No.3.
HC S. J. Mane, Mohol Police Station, Solapur Rural, present.
-------

CORAM : ASHWIN D. BHOBE, J.

DATED : 19 AUGUST 2026
PC:-

1. Heard Mr. Saurabh Tandale, learned Advocate for the
Applicants, Dr. A. A. Takalkar, APP for the Respondent Nos.1 and 2
and Ms. Vijayalaxmi Kamat, learned Advocate Appointed to
represent the Respondent No.3.

2. By this Application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS 2023”), the Applicants
seek pre-arrest bail in connection with Crime No. 247 of 2024
registered at Mohol Police Station for offences punishable under
Sections 354, 354(A), 354(B), 452, 323 and 506 read with Section
34 of the Indian Penal Code, and under Sections 8 and 12 of the
Protection of Children from Sexual Offences Act, 2012 (“POCSO
Act”).

3. On 11 June 2026 the following was made :-

1
(903) ABA-294.26.DOCX

“1. Heard learned counsel for the Applicants and learned
APP for the Respondent - State.

2. Issue notice to the Respondents returnable on 25th
June, 2026. Learned APP waives service of notice on
behalf of the Respondent-State.

3. Learned APP is requested to direct the concerned police
station officer to intimate the victim about the pendency of
the present application and submit an acknowledgment
thereof on the next date of hearing.

4. Learned counsel Mr. Saurabh Tandale for the Applicants
submits that the Applicants have falsely implicated in the
present crime due to civil disputes arising between the
Applicants and the family of the Complainant. It is further
submitted that, even, if the allegations are taken to be
true, the allegations of sexual harassment is against the
Akash Potdar, who is already arrested and released on bail,
and a charge-sheet is filed against him.

5. A perusal of the charge-sheet would show the statement
of Manisha Pandit and Priyanka Survase wherein they
have clearly stated that the complaint was lodged falsely
by the complainant only with an intention to settle the
scores arising out of the personal dispute.

6. Thus, taking into consideration the aforesaid
submissions and the statement of Manisha Pandit and
Priyanka Survase, I am inclined to protect the Applicants
till the investigation papers are received, the Complainant
Respondent No.3 appears before this Court. Hence, the
following order :-

ORDER

I. In the event of arrest of the Applicants - Prakash Ashok
Sonar and Nitin Shivanand Potdar, they be released on bail
on furnishing P.R. Bond of Rs.50,000/- (Rupees Fifty
Thousand Only) each with one or two solvent sureties in
the like amouont, in connection with Crime No.247 of
2024 registered with Mohol Police Station, Solapur Rural,
District: Solapur, for the offences punishable under
Sections 354, 354A, 354B, 452, 323, 506 read with
Section 34 of the Indian Penal Code, 1860 and Sections 8
and 12 of the Protection of Children from Sexual Offences
Act, 2012, on the following conditions :-

A) The Applicants shall attend the concerned police
station and report to the Investigating Officer on every

2
(903) ABA-294.26.DOCX

Friday and Saturday between 11:00 a.m. to 1:00 p.m.

B) The Applicants shall co-operate with the investigation.

C) The Applicants shall not pressurize the prosecution
witnesses and shall not tamper with the prosecution
evidence, in any manner.

D) The Applicants shall submit their Aadhar and PAN
Cards copy to the Investigating Officer and detailed
addresses and phone numbers of themselves and two of
the near relatives.

7. Needless to say, violation of any of the aforesaid
conditions may entitle the prosecution to seek cancellation
of the interim relief granted herein above.

8. The Investigating Officer shall make available the
investigation papers on the next date of hearing.

9. Stand over to 25th June, 2026.”

4. Mr. Saurabh Tandale, learned Advocate for the Applicants,
states that the Applicants have cooperated with the Investigating
Officer and have appeared before the Investigating Officer as and
when required. He further states that the Applicants have
cooperated and shall continue to cooperate in the investigation of
Crime No. 247 of 2024.

5. Dr. A. A. Takalkar, learned APP for the Respondent Nos. 1
and 2 – State, on the instructions from the Investigating Officer,
submits that the Applicants have cooperated with the Investigating
Officer in the investigation of Crime No.247 of 2024.

6. Ms. Vijayalaxmi Kamat, learned Advocate appointed to
represent the Respondent No.3 (victim), submits that the offences
committed by the Applicants are grave and serious and therefore
no indulgence be shown to the Applicants.

3
(903) ABA-294.26.DOCX

7. Mr. Saurabh Tandale, learned Advocate for the Applicants,
submits that the main accused, Akash Shivanand Potdar, against
whom the allegations are that he sexually assaulted the
Respondent No.3, has been released on bail by the Additional
Sessions Judge, Solapur (“Sessions Court”), by order dated 06 July
2024 in Special Case No.170 of 2024.

8. In view of the statements made by Mr. Saurabh Tandale,
learned Advocate for the Applicants and Dr. A. A. Takalkar, learned
APP for the Respondent-State, to the extent that the Applicants
have cooperated in the investigation of Crime No. 247 of 2024, I
deem it proper to dispose of the present Anticipatory Bail
Application by confirming the order dated 11 June 2026 passed by
this Court and making it absolute. The conditions Nos. 6(I) (B),
(C) and (D) shall continue to operate. Condition No. 6(I) (A) is
modified to the limited extent stated herein below :-

“(A) Applicants shall attend the concerned Police
Station and report to the Investigating Officer on every
2nd and 4th Monday of the month commencing from
24 August 2026 between 11:00 a.m. to 1:00 p.m. till
the filing of the charge-sheet in Special Case No.170 of
2024 pending before the Court of Special Judge,
Solapur.”

9. Criminal Anticipatory Bail Application No.294 of 2026 is
disposed of.

(ASHWIN D. BHOBE, J.)

Continue reading with your account

Checking your session…