Bombay High Court
SHRISHAILYA MOHAN KHADEversusTHE STATE OF MAHARASHTRA AND ORS.
- Disposal
- Allowed
Holding
The High Court allowed the anticipatory bail application, granting bail with conditions.
Summary
The applicant, a 21‑year‑old college student, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging indecent gestures towards a minor on two occasions and offences under Sections 79 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 11 and 12 of the PCSO Act, 2012. The prosecution alleged that the applicant made obscene gestures on 21 July and again on 27 July 2026, and the victim’s mother filed a complaint, alleging a land dispute motive. The applicant contended that the complaint was fabricated to pressure his family in the property dispute and that his education would suffer if he were detained. The State argued lack of cooperation, while the victim’s counsel emphasized the seriousness of the alleged conduct. The court noted that while the possibility of involvement could not be entirely dismissed, custodial interrogation was unnecessary for a student, and therefore granted anticipatory bail with strict conditions. The bail order required a personal bond, regular reporting to the investigating officer, non‑contact with the victim, and prohibition on tampering with evidence.
Issues considered
- The applicability of Section 482 for granting anticipatory bail in offences involving indecent gestures towards a minor.
- Whether the alleged property dispute justifies denial of bail.
- Whether custodial interrogation is necessary for the accused student.
- Impact of alleged non‑cooperation with investigation on bail eligibility.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 351(2), 79
- Prevention of Children from Sexual Offences Act, 2012 — s. 11, 12
Subjects
- anticipatory bail
- indecent gestures
- minor victim
- PCSO Act
- property dispute
- Section 482
- custodial interrogation
- bail conditions
Judgment
906-ABA-481-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 481 OF 2026
Shrishailya Mohan Khade ...Applicant
Versus.
The State of Maharashtra and Ors. ...Respondents
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Mr. Prasad Kharade, Advocate for the Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
Ms. Dipali Kamalakar, Advocate for the Respondent No. 2.
PC V. N. Sapkal, Mhaswad Police Station, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 7th October, 2026.
P.C. :
1. Heard, Mr. Prasad Kharade, learned Advocate for the Applicant,
Mr. S. H. Yadav, learned APP for the Respondent – State and Ms. Dipali
Kamalakar, learned Advocate for the Respondent No. 2.
2. By this Application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail
apprehending arrest in connection with Crime No. 208 of 2026,
registered with Mhaswad Police Station, District Satara, for the offences
punishable under Sections 79 and 351(2) of the Bharatiya Nyaya
Sanhita, 2023 and under Sections 11 and 12 of the Prevention of
Children from Sexual Offences Act, 2012.
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3. Mr. Prasad Kharade, learned Advocate for the Applicant, states
that the Applicant is the sole accused in Crime No. 208 of 2026.
4. In brief, the prosecution case is that on 21.07.2026, at about 5:00
pm, the Applicant, while on his motorcycle, made indecent gestures
towards the Victim. Thereafter, on 27.07.2026, at 1:30 am, when the
Victim and her family members were asleep in their courtyard, the
Applicant arrived on his motorcycle and honked. After making indecent
gestures, he left the spot. Based on this, Respondent No. 2, the Victim’s
mother, registered the complaint.
5. Mr. Prasad Kharade, learned Advocate for the Applicant, states
that the Applicant is a college-going student, aged 21 years, pursuing a
Bachelor of Pharmacy Degree at Mandesh Institute of Pharmaceutical
Science and Research Center, Mhaswad. He submits that the Applicant
is not involved in the alleged offences. He submits that the Applicant's
family and the family of the Respondent No. 2 are involved in a land
dispute. He submits that to pressurise the Applicant and his family
members and settle the land dispute, Respondent No. 2, taking
advantage of the minor victim, has filed the complaint against the
Applicant. He submits that the Applicant's education would be
hampered if the Applicant is arrested. He submits that the Applicant
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shall appear and report to the Investigating Officer at Mhaswad Police
Station as and when required, and that the Applicant shall co-operate
with the investigation in Crime No. 208 of 2026.
6. Mr. S. H. Yadav, learned APP for the Respondent – State, submits
that the Applicant has not co-operated with the investigation.
7. Ms. Dipali Kamalakar, learned Advocate for Respondent No. 2,
submits that the Applicant has indulged in making indecent gestures
towards a minor and in disturbing the peace on the night of
27.07.2026. She further submits that the motorcycle on which the
Applicant was travelling at the time of the incident has yet to be
attached. She further submits that the Sessions Court has rightly
rejected the Bail Application.
8. Perused the record with the assistance of the learned Advocates
for the parties.
9. The FIR was lodged on 27.07.2026 in respect of two incidents,
the first on 21.07.2026 and the second on 27.07.2026. The complaint
does not explain why the alleged incident of 21.07.2026 was not
reported immediately.
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10. Considering the nature of the allegations in Crime No. 208 of
2026 against the Applicant and the contention of Mr. Prasad Kharade,
learned Advocate for the Applicant, that there is a property dispute
between the Applicant and Respondent No. 2, prima facie the possibility
of the Applicant being implicated in the crime cannot be ruled out.
11. Given the nature of the allegations against the Applicant, an
undergraduate student, the custodial interrogation of the Applicant in
Crime No. 208 of 2026 is not necessary.
12. In view of the above, this Application is allowed on the following
terms :-
(a) In the event of arrest of the Applicant in Crime
No. 208 of 2026, registered with Mhaswad Police
Station, the Applicant shall be released on bail upon
furnishing a PR bond of Rs. 20,000/- with one or two
sureties in the like amount, to the satisfaction of the
Investigating Officer of Mhaswad Police Station.
(b) Applicant shall appear and report to the
Investigating Officer, Mhaswad Police Station, on 10 th
and 11th October, 2026, from 10:00 am to 1:00 pm and
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thereafter as and when required by the Investigating
Officer. The Applicant shall co-operate with the
investigation in Crime No. 208 of 2026.
(c) Applicant shall not contact the victim /
Respondent No. 2 or any of the family members of the
Respondent No. 2. The Applicant shall not directly or
indirectly make any inducement, threat or promise to
any person/s acquainted with the facts of the case to
dissuade such person/s from disclosing the facts to the
Court or any police officer.
(d) Applicant shall not tamper with evidence in any
manner.
(e) The Applicant shall provide the Investigating
Officer at Mhaswad Police Station his residential
address with proof, his contact number and email, and
must inform the Investigating Officer of any changes to
this information from time to time.
13. The High Court Legal Services Committee, Mumbai, Circuit Bench
at Kolhapur, shall quantify and pay the legal fees payable under the
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Legal Aid Scheme to Advocate Ms. Dipali Kamalakar, who has appeared
and represented Respondent No. 2 in this Application.
14. Anticipatory Bail Application No. 481 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.07
19:38:51
+0530
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