Bombay High Court
SATISH SHASHIKANT BAMANEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Disposed Off
Holding
The Court disposed of the anticipatory bail application, granting bail conditioned on the applicant’s appearance before the investigating officer and completion of the required medical examination.
Summary
Satish Shashikant Bamane applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with offences under Section 69 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 17 of the POCSO Act, 2012. The State argued that the victim and a co‑accused had already been recorded and that custodial interrogation was unnecessary, though a medical examination of the applicant was required. The applicant’s counsel agreed to appear before the investigating officer and undergo the medical test by 30 September 2026. Relying on this undertaking and the State’s position, the Court disposed of the anticipatory bail application, effectively granting bail subject to the medical examination condition. The order was pronounced by Justice Ashwin D. Bobe on 27 August 2026.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether custodial interrogation of the applicant is necessary in the present case.
- Whether the applicant’s compliance with a medical examination condition suffices for the disposal of the bail application.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- POCSO
- medical examination
- custodial interrogation
Judgment
906-ABA-431-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 431 OF 2026
Satish Shashikant Bamane ...Applicant
Versus
The State of Maharashtra And Others ...Respondents
__________________________________________________________
Mr. Datta H. Pawar a/w Sakshi Jankar, Advocate for the Applicant.
Mr. N. B. Patil, APP for the Respondent No. 1 and 2.
Mr. Eshan Nayak, Advocate for the Respondent No. 3.
PSI Sameer Umaji Tule, Peth Vadgaon Police Station, Kolhapur, is
present.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 27th August, 2026.
P.C. :
1. Heard Mr. Mr. Datta Pawar, learned Advocate for the
Applicant, Mr. N. B. Patil, learned APP for the Respondent No. 1
and 2 and Mr. Eshan Nayak, learned Advocate for the Respondent
No. 3.
2. By the present Application, filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is
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seeking bail in connection with C.R. No. 76 of 2026, registered
with Vadgaon Police Station for the offences punishable under
Sections 69 of Bharatiya Nyaya Sanhita, 2023 along with Section
4, 17 of the Protection of Children From Sexual Offences Act, 2012
(POCSO).
3. Mr. N. B. Patil, learned APP for the Respondent – State, on
instructions from the Investigating Officer, Peth Vadgaon Police
Station, states that the statements of the Respondent No. 3 and the
Victim have been recorded by the Investigating Officer
investigating the Crime No. 76 of 2026. He, on specific instructions
from the Investigating Officer, states that custodial interrogation of
the Application is not required in Crime No. 76 of 2026. He
however submits that presence of the Applicant is necessary for
the medical tests required to be conducted on the Applicant.
4. Mr. Datta Pawar, learned Advocate for the Applicant, on
instructions from the Applicant, states that the Applicant shall
appear before the Investigating Officer, Peth Vadgaon Police
Station investigating the Crime No. 76 of 2026 on or before
30.09.2026 and undergo medical examination as required by the
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Investigating Officer in Crime No. 76 of 2026. The statement made
by Mr. Datta Pawar, learned Advocate for the Applicant, on
instructions from the Applicant, is accepted.
5. Based on the statement made by Mr. N. B. Patil, learned
APP for the Respondent – State, that the custodial interrogation of
the Applicant is not required in Crime No. 76 of 2026, registered
with Peth Vadgaon Police Station, Mr. Datta Pawar, learned
Advocate for the Applicant states that this Application be disposed
of.
6. In view of the statement made by Mr. Datta Pawar, learned
Advocate for the Applicant, Anticipatory Bail Application No. 431
of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.08.27
21:40:56
+0530
Arjun 3
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