Bombay High Court
AKSHAY DILIP KADALEversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Allowed
Holding
The Court allowed the anticipatory bail application with a personal bond and specific conditions.
Summary
The High Court of Bombay (Kolhapur Circuit Bench) entertained an anticipatory bail application filed by Akshay Dilip Kadale under FIR No. 0286 of 2026, which alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act, 2012. The applicant, a 29‑year‑old labourer with no prior criminal record, claimed he had been assaulted and cooperated fully with the investigating officer, while the victim (Respondent No.3) alleged stalking and later rape. The State opposed bail, seeking surrender of the applicant’s mobile phone, whereas the applicant’s counsel offered to hand over the phone on a specified date. The Court, noting the applicant’s cooperation, the lack of necessity for custodial interrogation, and the pending special child case, granted anticipatory bail on a personal bond of Rs. 50,000 with several conditions, including regular reporting, surrender of the phone, and no contact with the victim. The order was confirmed with additional reporting requirements and the application was disposed of as allowed.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 78, 115(1), 352, 351(2) of the Bharatiya Nyaya Sanhita and Sections 8, 12 of the POCSO Act.
- Whether the applicant’s cooperation with the investigation suffices to dispense with custodial interrogation.
- Whether imposing conditions such as surrender of the mobile phone and prohibition of contact with the victim is appropriate.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(1), 351(2), 352, 78
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- anticipatory bail
- criminal procedure
- POCSO
- bail conditions
- stalking
- rape
- cooperation with investigation
- legal aid
Judgment
38 - ABA - 320 - 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.21
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 320 OF 2026
21:32:23 +0530
Akshay Dilip Kadale … Applicant
Versus.
The State of Maharashtra & Ors. … Respondents
Mr. Shivraj Pawar with Rohinee Yadav for the Applicant.
Mr. Shrikant Yadav, APP for the State.
Ms. Siddhi Jeur for Respondent No.3 (Appointed through
Legal Aid).
Mr. Vikas N. Rathod, PSI, Satara City Police Station, is
present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 21, 2026
P.C.:
1. Heard, Mr. Shivraj Pawar, learned Advocate for the Applicant, Mr
Shrikant Yadav, learned APP for the State and Ms. Siddhi Jeur, learned
Advocate for Respondent No. 3.
2. On 18th June 2026, the following order was passed:
“ 1. Issue notice to the Respondents, returnable on 9th July 2026.
2. Learned A.P.P. waives service for the Respondent No.1 & 2-State.
3. Learned A.P.P. is requested to direct the concerned Investigating Officer
to intimate the Respondent No.3-victim about the pendency of the present
Application, which is scheduled to be taken up for hearing on 6th July 2026.
4. Learned counsel for the Applicant submits that the present F.I.R. is a
counterblast to the N.C. Report registered by the mother of the Applicant
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against the uncle of the victim Suresh Devkule and Shava Devkule being N.C.
No. 0484 of 2026 from the same incident dated 28/03/2026 registered on
29/03/2026. The Applicant is not having any criminal antecedents and is
ready to abide any conditions that may be imposed by this Court. Infact the
Applicant and his brother Kiran was assaulted by the uncle of complainant
viz. Suresh and Chava, and the Applicant and his brother Kiran was required
to undergo treatment at the hospital. The treatment papers along with N.C. is
produced on record and marked as “X” for identification.
5. Taking into consideration the aforesaid submission, I am inclined to
pass the following order. Hence, the following order :-
ORDER
i. In the event of arrest of the Applicant - Akshay Dilip Kadale, he
be released on bail on furnishing P.R. Bond of Rs. 50,000/-
(Rupees Fifty Thousand only) with one or two solvent sureties
in the like amount, in connection with F.I.R. No. 0286 of 2026,
dated 31/03/2026, registered with Satara City Police Station,
District Satara, for the offences punishable under Sections 78,
115(1), 352, 351(2) of The Bharatiya Nyaya Sanhita, 2023
and Sections 8, 12 of The Protection of Children from Sexual
Offences Act, 2012, on the following conditions :-
(A) The Applicant shall attend the concerned Police Station
and report to the Investigating Officer on every
Thursday and Friday, between 11:00 a.m. to 02:00
p.m..
(B) The Applicant shall also cooperate with the
investigation.
(C) The Applicant shall not pressurize the prosecution
witnesses and shall not tamper with the prosecution
evidence, in any manner.
(D) Needless to say, violation of any of the aforesaid
conditions may entitle the prosecution to seek
cancellation of the interim relief granted herein above.
6. Stand over to 6th July 2026.”
3. Mr. Shivraj Pawar, learned Advocate for the Applicant, states that
the Applicant has appeared before the Investigating Officer and has
cooperated with the investigation in Crime No. 286 of 2026 registered
with Satara City Police Station, District Satara. He submits that the
Applicant shall appear before the Investigating Officer as and when
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required and cooperate with the investigation in Crime No. 286 of
2026.
4. Mr. Shrikant Yadav, learned APP for the State, submits that the
Applicant has appeared before the Investigating Officer, cooperated in
the investigation of Crime No. 0286 of 2026 and the medical
examination of the Applicant has also been completed.
5. Ms. Siddhi Jeur, learned Advocate for Respondent No. 3, submits
that the Applicant was stalking Respondent No. 3, as a result of which
Respondent No. 3 felt threatened. She further submits, on instructions,
that the parents of Respondent No. 3 have not sent Respondent No. 3 to
school.
6. Perused the record.
7. As submitted by Mr. Shivraj Pawar and not contested by Mr.
Shrikant Yadav, learned APP, the Applicant has appeared and cooperated
with the investigation in Crime No. 286 of 2026. The Applicant is said
to be a 29-year-old labourer who depends on his day-to-day labour for
his survival.
8. Perusal of the records in the file of this Application indicates that
Respondent No. 3 opposed Criminal Bail Application No. 136 of 2026,
filed by the Applicant before the Sessions Court, Satara, by filing a
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Reply dated 23rd April 2026. The said reply is in line with the allegations
made in the FIR, that is the Applicant allegedly stalked Respondent No.
3. Apparently, on 2nd May 2026, Respondent No. 3 filed an additional
reply in Criminal Bail Application No. 136 of 2026, in which
Respondent No. 3 has given a totally different version of the crime.
Respondent No. 3 has made allegations of rape in the said additional
reply.
9. Mr. Shivraj Pawar, learned Advocate for the Applicant, submits
that Respondent No. 3 has taken a totally different stand in the
additional reply filed in Criminal Bail Application No. 136 of 2026,
thereby creating a doubt in her case.
10. Be that as it may, the Applicant is said to have cooperated with
the investigation in Crime No. 286 of 2026. The charge-sheet in Crime
No. 286 of 2026 has been filed, registered as Special Child Case No. 65
of 2026, and is pending before the Special POCSO Court, Satara.
11. In view of the aforesaid facts and circumstances, the custodial
interrogation of the Applicant is not necessary in Crime No. 286 of
2026.
12. Mr. Shrikant Yadav, learned APP, however, submits that a
condition that the Applicant surrender his mobile phone along with the
SIM card be imposed on the Applicant.
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13. Mr. Shivraj Pawar, learned Advocate for the Applicant, on
instructions, submits that the Applicant undertakes to hand over his
mobile phone along with the SIM card to the Investigating Officer in
Crime No. 286 of 2026 on 24th September 2026.
14. In view of the above, the order dated 18th June 2026 is
confirmed and made absolute in terms of paragraph No. 5(i)(A), (B),
(D) and (D), with the following additional conditions:
Additional conditions:-
(a) The Applicant shall report to the Investigation Officer, Satara City
Police Station, District Satara in Crime No. 286 of 2026 on the second
Saturday of each month from 12:00 noon to 1:00 P.M. till framing of
charge in Special Child Case No. 65 of 2026 pending before the Special
POCSO Court, Satara.
(b) The Applicant shall hand over his mobile phone along with the
SIM card to the Investigation Officer in Crime No. 286 of 2026 on 24 th
September 2026.
(c) The Applicant shall not contact the victim or any of her family
members till the conclusion of trial in Special Child Case No. 65 of
2026.
15. The Bombay High Court Legal Services Committee, Circuit Bench
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at Kolhapur, shall quantify and pay the legal fees payable under the
Legal Aid Scheme to Advocate Ms. Siddhi Jeur, who has appeared and
represented Respondent No.3 in this Application.
16. Anticipatory Bail Application No.320 of 2026 is allowed and
disposed of.
(ASHWIN D. BHOBE, J.)
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