Bombay High Court

AKSHAY DATTATRAY WAYKULEversusSTATE OF MAHARASHTRA AND ANOTHER

Disposal: Allowed

Holding

The court disposed of the anticipatory bail application, finding no basis to grant bail as custodial interrogation was deemed unnecessary.

Summary

Akshay Dattatray Waykule applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 197 of 2025, which involves offences under Sections 108, 3(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. The applicant, accused No.3, offered to appear before and cooperate with the investigating officer, who stated that custodial interrogation was not required. The court noted that the other two accused had either been granted bail or had their applications disposed on similar grounds. Relying on the investigating officer’s statement, the court disposed of the applicant’s anticipatory bail application. Consequently, the applicant did not obtain pre‑arrest bail.

Issues considered

Whether anticipatory bail should be granted when the investigating officer declares custodial interrogation unnecessary and the accused is willing to cooperate
Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be invoked to grant anticipatory bail in the present circumstances

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 108, 3(5), 351(3)

Subjects

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

Judgment

23-ABA-421-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 421 OF 2026
Akshay Dattatray Waykule … Applicant
Versus.
The State of Maharashtra And Anr. … Respondents
-----
Mr. Prashant Edake (through VC) a/w Mr. Abhay Jadhavar, for the
Applicant.
Mr. S. S. Chaudhari, 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. S. Chaudhari, learned APP for the Respondent

No. 1 and 2.

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

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is

seeking pre-arrest bail in connection with Crime No. 197 of 2025

registered with Madha Police Station for the offences punishable

under Sections 108, 3(5), 351(3) of the Bharatiya Nyaya Sanhita,

2023.
Arjun 1
23-ABA-421-2026.doc

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

submits that there are 3 Accused in Crime No 197 of 2025.

Applicant being Accused No. 3.

4. Mr. S. S. Chaudhari, learned APP for the Respondent – State,

on instructions from the Investigating Officer, submits that if the

Applicant (Akshay Dattatray Waykule) 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 is not required.

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

instructions from the Applicant, states that the Applicant (Akshay

Dattatray Waykule) 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

Arjun 2
23-ABA-421-2026.doc

Anticipatory Bail Application No. 162 of 2026.

7. Anticipatory Bail Application No. 414 of 2026, filed by the

Uma Somnath Shendage (Accused No. 1) in Crime No. 197 of

2025, is disposed of in view of the statement made by the

Investigating Officer that the custodial interrogation of Accused

No. 1 is not required.

8. Based on the statement made by Mr. S. S. Chaudhari,

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. 421 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE Arjun 3
RODGE Date:
2026.08.18
10:39:14
+0530

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