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Bombay High Court

UMA SOMNATH SHENDAGEversusTHE STATE OF MAHARSHTRA AND ANR

Disposal
Allowed

Holding

The Court disposed of the anticipatory bail application, holding that bail was not required as the investigating officer waived custodial interrogation upon the applicant's cooperation.

Summary

The applicant, Uma Somnath Shendage, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for alleged offences under Sections 108, 3(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 in Crime No. 197 of 2025. The State, through the investigating officer, indicated that custodial interrogation would not be required if the applicant appeared before the officer and cooperated with the investigation. The applicant’s counsel assured compliance with this condition. The Court noted that similar applications by co‑accused had either been granted or disposed of on the same basis. Relying on the investigating officer’s statement, the Court disposed of the anticipatory bail application, finding no necessity to grant bail.

Issues considered

  • Whether anticipatory bail should be granted when the investigating officer states that custodial interrogation is unnecessary provided the accused cooperates with the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • custodial interrogation
  • cooperation with investigation
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita

Judgment

                                                           23-ABA-414-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
             ANTICIPATORY BAIL APPLICATION NO. 414 OF 2026
Uma Somnath Shendage                                 … Applicant
      Versus.
The State of Maharashtra And Anr.                  … Respondents
                                -----
Mr. Prashant Edake through VC a/w Mr. Abhay Jadhavar, for the
Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
                                   -------

                                 CORAM :     ASHWIN D. BHOBE, J.
                                  DATE :     17th August, 2026.
P.C. :


1.       Heard Mr. Prashant Edake, learned Advocate for the Applicant

and Mr. S. H. Yadav, learned APP for the Respondent Nos. 1 and 2.



2.       By the present Application filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-

arrest bail, in connection with Crime No. 197 of 2025 registered with

Madha Police Station for offences punishable under Sections 108, 3(5)

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



3.       Mr. Prashant Edake, learned Advocate for the Applicant, submits

that there are three (3) Accused in Crime No 197 of 2025. Applicant


Arjun                             1
                                                            23-ABA-414-2026.doc


being Accused No. 1.



4.      Mr. S. H. Yadav, learned APP for the Respondent – State, on

instructions from the Investigating Officer, submits that if the Applicant

appears before the Investigating Officer at Madha Police Station,

Solapur Rural and co-operates with the investigation in Crime No. 197

of 2025, the custodial interrogation of the Applicant (Uma Somnath

Shendage) is not required.



5.      Mr. Prashant Edake, learned Advocate for the Applicant, on

instructions from the Applicant, states that the Applicant shall appear

before and report to the Investigating Officer at Madha Police Station,

Solapur Rural, as and when required by the Investigating Officer. He

further states that the Applicant shall cooperate with the investigation

in Crime No. 197 of 2025.



6.      Rushikesh Somnath Shendage (Accused No. 2) in Crime No. 197

of 2025 is granted pre-arrest bail by this Court in Criminal Anticipatory

Bail Application No. 162 of 2026.



7.      Anticipatory Bail Application No. 421 of 2026, filed by the Akshay

Dattatray Waykule (Accused No. 3) in Crime No. 197 of 2025, is

disposed of in view of the statement made by the Investigating Officer
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                                                                                 23-ABA-414-2026.doc


                     that the custodial interrogation of Accused No. 3 is not required.



                     8.      Based on the statement made by Mr. S. H. Yadav, learned APP for

                     the Respondent – State, on instructions from the Investigating Officer,

                     that the custodial interrogation of the Applicant is not required in Crime

                     No. 197 of 2025, Mr. Prashant Edake, learned Advocate for the

                     Applicant, submits that this Application be disposed of.



                     9.      Anticipatory Bail Application No. 414 of 2026 is disposed of.



                                                                     (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.08.18
        10:33:53
        +0530




                     Arjun                              3


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