Bombay High Court
PRAVIN POPATRAO DESHMUKHversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed
Holding
The court held that anticipatory bail is warranted as the applicant's alleged role is limited to the sale of the sonography machine and custodial interrogation is not required.
Summary
The applicant, Pravin Popatrao Deshmukh, a vendor of a sonography machine, faced allegations that the machine he sold to Bhaskar Ghadge was used for fetal sex determination, violating the PC‑PNDT Act. He filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking protection from arrest in Crime No. 699 of 2026. The prosecution argued that the vendor should be interrogated to determine the source of the machine and alleged involvement in another sale. The court held that the allegations against the vendor were confined to the sale and that no custodial interrogation was necessary, especially as the vendor pledged cooperation. Consequently, the court granted anticipatory bail with a personal bond, sureties, and several conditions, and disposed of the application.
Issues considered
- Whether the vendor can be granted anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged offences under the PC‑PNDT Act.
- Whether custodial interrogation of the vendor is required to establish his role in the alleged sex‑determination offence.
- Whether the conditions imposed are sufficient to safeguard the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5)
- Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 — s. 23(1), 25, 29, 3-A, 5(2), 6(c)
Subjects
- anticipatory bail
- PC‑PNDT Act
- vendor liability
- Section 482
- criminal procedure
- sex selection
- bail conditions
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 502 OF 2026
Pravin Popatrao Deshmukh … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents
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Mr. Omkar C. Tole for the Applicant.
Ms. Shubhangi N. Deshmukh, APP for the State.
Mr. Bhosale, Head Constable, Sangola Police Station is
present.
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CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 8, 2026
P.C.:
1. Heard Mr. Omkar C. Tole, learned Advocate for the Applicant and
Ms. Shubhangi N. Deshmukh, learned APP for the State.
2. By the present Application filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks
anticipatory bail in Crime No. 699 of 2026 registered at Sangola Police
Station for offences punishable under Sections 3-A, 5(2), 6(c), 23(1),
25 and 29 of the Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994, read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
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3. The prosecution case is that Accused No. 1 (Bhaskar Ghadge)
used a Sonography machine for foetal sex determination. The Applicant
is the vendor of the Sonography machine purchased by Accused No. 1.
4. Mr. Omkar C. Tole, learned Advocate for the Applicant, submits
that the allegations against the Applicant are that the Applicant sold the
Sonography Machine to Accused No. 1. He further submits that apart
from the sale of the Sonography Machine to Accused No. 1, the
Applicant has no other role in the sex determination of the foetus or in
soliciting any patients.
5. Ms. Shubhangi N. Deshmukh, learned APP for the State, states
that the allegations against the Applicant are that the Applicant sold the
Sonography Machine to Accused No. 1 (Bhaskar Ghadge). She submits
that the Applicant's custodial interrogation is required to ascertain
where the Applicant procured the Sonography Machine before its sale
to Accused No. 1 (Bhaskar Ghadge). She further submits that the
Applicant is also involved in the sale of another Sonography Machine to
a third party.
6. Perused the record.
7. Perusal of the FIR indicates that the allegation and the
involvement of the Applicant in Crime No. 699 of 2026 is limited to the
sale of the Sonography Machine to Accused No. 1 (Bhaskar Ghadge),
who is alleged to be involved in sex determination of the foetus.
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8. The Applicant, as submitted by Mr. Omkar C. Tole, is a Vendor of
the Sonography Machine.
9. Considering the nature of the allegations against the Applicant,
the custodial interrogation of the Applicant in Crime No. 699 of 2026 is
not required.
10. Ms. Shubhangi N. Deshmukh, learned APP for the State, submits
that the Applicant should appear and report to the Investigating Officer
and co-operate with the investigation in Crime No. 699 of 2026.
11. Mr. Omkar C. Tole, learned Advocate for the Applicant, on
instructions from the Applicant, states that the Applicant shall appear
before and report to the Investigating Officer as and when required and
shall co-operate with the investigation in Crime No. 699 of 2026. He
further on instructions from the Applicant, states that he will provide all
details regarding the source from which the Applicant procured the
Sonography Machine to the Investigating Officer. Statements are
accepted.
12. In view of the above, this Anticipatory Bail Application is allowed
on the following terms:
(a) In the event of arrest of the Applicant-Pravin Popatrao
Deshmukh in connection with Crime No. 699 of 2026 registered
at Sangola Police Station, the Applicant shall be released on bail
upon furnishing a PR bond in the sum of Rs. 50,000/- (Rupees
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1 - ABA - 502 - 2026.doc
Fifty Thousand Only), with two sureties in the like amount to the
satisfaction of the Investigating Officer, Sangola Police Station,
District Solapur.
(b) The Applicant shall appear and report to the Investigating
Officer, Sangola Police Station, District Solapur, on 11 th and 12th
September 2026 from 10:00 a.m. to 1:00 p.m. and thereafter as
and when required by the Investigating Officer. Applicant shall
cooperate in the investigation of Crime No. 699 of 2026.
(c) 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. Applicant shall not tamper
with evidence in any manner.
(d) The Applicant shall provide the Investigation Officer,
Sangola Police Station, District Solapur, with his residential
address along with proof, his contact number and must inform
the Investigating Officer of any changes to this information from
time to time.
13. Anticipatory Bail Application No. 502 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
2026.09.08
20:01:26
+0530
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