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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



Arjun                            1
                                                        906-ABA-431-2026.doc



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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                                                                          906-ABA-431-2026.doc



                     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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