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Bombay High Court

PRASAD PRADIP KONDE DESHMUKHversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

Anticipatory bail was granted as the allegations did not demonstrate obstruction of official duties or a need for custodial interrogation.

Summary

The applicant, Prasad Pradip Konde Deshmukh, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with offences alleged under Sections 132, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant demanded the mobile number of a senior officer of the informant and threatened the informant, but did not allege any obstruction of the informant’s official duties. The court examined the FIR and found no indication that the applicant had obstructed the informant or that custodial interrogation was necessary. Consequently, the court granted anticipatory bail, imposing conditions such as furnishing a bond, reporting to the investigating officer, and refraining from tampering with evidence. The application was disposed of in the applicant’s favour.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS in the present circumstances.
  • Whether the alleged demand for a mobile number and threat constitute obstruction of official duties warranting custodial interrogation.
  • Whether the applicant poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • threat
  • obstruction of official duties
  • bail conditions
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                                                                  1
                                                                                  34-ABA-476-2026 (CR).DOC


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIRCUIT BENCH AT KOLHAPUR

                                                CRIMINAL APPELLATE JURISDICTION

                                          CR. ANTICIPATORY BAIL APPLN. NO. 476 OF 2026

                            Prasad Pradip Konde Deshmukh                          …...Applicant
                                  VERSUS.
                            The State Of Maharashtra And Anr.                     …...Respondents


                                                             -----
                            Mr. Akash Chikate a/w Adv. S. P. Madewad and Adv. Gaurav Kunjir, for
                            Applicant.
                            Dr. Ashvini A. Takalkar, APP, for the Respondent-State.
                                                                  -------


          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.08.25
                                                 CORAM      :   ASHWIN D. BHOBE, J.
          15:43:05
          +0530


                                                 DATE       :   24th AUGUST, 2026.
                            P.C.


                            1.           Heard Mr. Akash Chikate, learned Advocate for the Applicant

                            and Dr. Ashvini A. Takalkar, learned APP, for Respondent Nos.1 and 2 -

                            State.


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

                            Suraksha Sanhita, 2023 (“BNSS”), the Applicant seeks pre-arrest bail,

                            apprehending arrest in connection with Crime No. 0280 of 2026 registered

                            with Phaltan City Police Station, District Satara, for offences punishable

                            under Sections 132, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya

                            Sanhita, 2023 (for short, “BNS”).


                   Shantanu S. Dhudum
                                               2
                                                                34-ABA-476-2026 (CR).DOC


         3.          Mr. Akash Chikate, learned Advocate for the Applicant, submits

         that there are two accused in Crime No. 0280 of 2026 registered with the

         Phaltan City Police Station, District Satara. The Applicant is arraigned as

         Accused No. 1.


         4.          The prosecution case is that Dr. Rajendra J. Rupnawar

         (Informant) lodged a complaint alleging that while he was on duty at the

         hospital, five persons entered the hospital's O.P.D. and took away the

         papers. It is further alleged that the Informant was obstructed in

         discharging his official duties.


         5.          Mr. Akash Chikate, learned Advocate for the Applicant, referring

         to the F.I.R., submits that the allegations against the Applicant are that the

         Applicant demanded the mobile number of the Senior Officer of the

         Informant, namely, Madane Madam and threatened to use his influence to

         create trouble for the Informant. He further submits that, apart from the

         aforesaid allegations, there are no other allegations against the

         Applicant. He submits that the Applicant did not obstruct the Informant

         from discharging his duties.


         6.          Dr. Ashvini A. Takalkar, learned APP, for Respondent Nos.1 and 2

         – State submits that the Applicant had threatened the Informant.


         7.          Perused the record.




Shantanu S. Dhudum
                                                 3
                                                                  34-ABA-476-2026 (CR).DOC


         8.          The F.I.R. alleges that the Applicant demanded the mobile

         number of the Senior Officer (namely, Madane Madam) and stated that the

         Informant would face consequences if the Informant did not cooperate

         with the Applicant.


         9.          There are no other allegations that on the face of it, indicate that

         the Applicant obstructed the Informant from discharging his official duties.


         10.         In view of the above, custodial interrogation of the Applicant in

         connection with Crime No. 0280 of 2026 is not required.


         11.         This application is therefore allowed on the following conditions:


                                             ORDER

               i.    In the event of arrest of the Applicant - Prasad Pradip Konde
                     Deshmukh, in connection with Crime No.0280 of 2026
                     registered with Phaltan City Police Station, District: Satara,
                     the Applicant shall be released on bail on furnishing P.R.
                     Bond in the sum of Rs.25,000/- (Twenty Five Thousand only)
                     with two sureties in the like amount to the satisfaction of the
                     Investigating Officer, Phaltan City Police Station, District
                     Satara.

               ii. The Applicant shall appear and report to the Investigating
                     Officer at Phaltan City Police Station on 27 th and 28th August,
                     2026 from 10:00 a.m. to 12:00 noon and thereafter as and
                     when called by the Investigating Officer in connection with
                     the investigation of Crime No.0280 of 2026.




Shantanu S. Dhudum
                                                  4
                                                                   34-ABA-476-2026 (CR).DOC


               iii. The Applicant shall not, directly or indirectly, make any
                     inducement, threat, or promise to any person acquainted
                     with the facts of the case to dissuade such person from
                     disclosing the facts to the Court or any police officer.


               iv.   The Applicant shall not tamper with the evidence, in any
                     manner.


               v. The Applicant shall co-operate with the investigation in Crime
                     No. 0280 of 2026 registered with Phaltan City Police Station,
                     District: Satara.


               vi. The Applicant shall provide the Investigating Officer with his
                     residential address along with proof, his contact number,
                     email and must inform the Investigating officer of any
                     changes to this information from time to time.


         12.         Anticipatory Bail Application No. 476 of 2026 is disposed.




                                                         ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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