Bombay High Court

SWAYAM MAYAPPA PADALKARversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The court allowed the applicant to withdraw the anticipatory bail application, dismissing it as withdrawn.

Summary

The applicant, Swayam Mayappa Padalkar, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release on bail for alleged offences under Sections 310(2), 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The State argued that the applicant had not cooperated with the investigation. After hearing, the applicant’s counsel requested permission to withdraw the anticipatory bail application, a request unopposed by the State. The court granted leave to withdraw the application. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether the anticipatory bail application filed under Section 482 can be withdrawn by the applicant.
Whether the court should grant anticipatory bail for the offences alleged under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 310(2), 351(2), 352

Subjects

anticipatory bail
withdrawal of application
Section 482
criminal procedure
cooperation with investigation
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita

Judgment

905-ABA-457-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL ANTICIPATORY BAIL APPLN. NO. 457 OF 2026

Swayam Mayappa Padalkar … Applicant
Versus
The State of Maharashtra & Anr. … Respondents

——————
Mr. Jitendra A. More for the Applicant.
Ms. S.N. Deshmukh, A.P.P. for the Respondent-State.
Officer : API Ms. Shital Kumar Gaikwad, Vijapur Naka Police Station, present.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 8th September 2026.

PER COURT :

1. Heard Mr. Jitendra More, learned Advocate for the Applicant and Ms.

Deshmukh, learned A.P.P. for the Respondents-State.

2. By the present Application under Section 482 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, the Applicant has sought for the following

substantive relief :

“b) The Applicant prays before this Hon'ble Court to in the event
of arrest of the Applicant in connection with C.R. No.374 of
2026 registered with Vijapur Naka Police Station, Solapur, for
the offences punishable under Sections 310(2), 115(2), 352
and 351(2) of the Bharatiya Nyaya Sanhita, 2023, direct that

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905-ABA-457-2026 (CR).docx

the Applicant be released on bail on such terms and
conditions as this Hon'ble Court may deem fit and proper.”

3. This matter was heard on 17th August 2026 and 24th August 2026.

4. Ms. Deshmukh, learned A.P.P. for the Respondents-State submits that

the Applicant has not cooperated with the investigation.

5. After having heard the matter for some time, Mr. Jitendra More,

learned Advocate for the Applicant sought a pass over to take instructions

from the Applicant. After some time, at the request of Mr. Jitendra More,

learned Advocate for the Applicant, this Application was taken up.

6. Mr. Jitendra More, learned Advocate for the Applicant, on instructions

from the Applicant, seeks leave to withdraw the present Anticipatory Bail

Application. This request is not opposed by Ms. Deshmukh, learned A.P.P. for

the Respondents-State.

7. In view of the statement made by Mr. Jitendra More, learned Advocate

for the Applicant, leave is granted to withdraw the present Anticipatory Bail

Application.

8. Anticipatory Bail Application No. 457 of 2026 is dismissed as

withdrawn.

Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date: [ ASHWIN D. BHOBE, J. ]
2026.09.08
19:43:35 +0530

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