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Bombay High Court

Sneha Santosh Karajagi alias UnnadversusThe State Of Maharashtra

Disposal
Disposed off as Withdrawn

Holding

The court permitted the withdrawal of the anticipatory bail application for Applicant No.1, dismissed that application, and granted leave to Applicant No.2 to file a fresh bail application, leaving the merits open.

Summary

The applicants sought anticipatory bail in connection with FIR No. 654 of 2026 alleging offences under Sections 3(5) and 303(2) of the Bharatiya Nyaya Sanhita, 2023. The State contended that Applicant No.1 had lodged a false complaint to pressure Respondent No.3. The applicants’ counsel requested unconditional withdrawal of the anticipatory bail application for Applicant No.1 and permission for Applicant No.2 to file a fresh bail application. The State and Respondent No.3 did not oppose the withdrawal but reserved the right to contest any fresh bail on merits. The court granted the withdrawal, dismissed the anticipatory bail application against Applicant No.1, and allowed Applicant No.2 to file a new bail application, leaving all substantive objections open.

Issues considered

  • Whether an anticipatory bail application can be withdrawn unconditionally by the applicant.
  • Whether a fresh bail application may be filed by a co‑applicant after withdrawal of a composite anticipatory bail application.
  • Whether the merits of the underlying FIR can be contested at a later stage.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of bail application
  • fresh bail application
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • false allegations

Judgment

                                                                 23 - ABA - 511 - 2026.docx


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


      CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 511 OF 2026

Sneha Santosh Karajagi Alias Unnad & Anr.                … Applicants
             V/s.
The State of Maharashtra & Ors.                          … Respondents

Mr. Prasad Kamthe (through V.C.) with Vinayak Belgaonkar
for the Applicant.
Mr. Nitin B. Patil, APP for the State.
Mr. Sachin M. Bhavar for Respondent No.3.



                                    CORAM          : ASHWIN D. BHOBE, J.

                                    DATED          : SEPTEMBER 15, 2026
P.C.:


1.      By the present Application, the Applicants have sought the

following substantive reliefs:

        “a.    That the present Application of the Applicants, in connection with C.R.
        No. 654 of 2026, dated 02.07.2026, registered with Mohol Police Station,
        District Solapur, for the offences punishable under Sections 3(5) and 303(2)
        of the Bharatiya Nyaya Sanhita, 2023, may kindly be allowed;

        b.     That, pending the hearing and final disposal of this Application, this
        Hon'ble Court be pleased to direct the Respondent and its officers not to
        arrest the Applicants in connection with the FIR bearing C.R. No. 654 of
        2026, registered with Mohol Police Station, District Solapur;

        c.     That this Hon'ble Court may kindly protect the Applicants and grant
        interim protection until the final hearing of the present Application;

        d.     That the interim/ad-interim reliefs in terms of prayer (b) and (c)above




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      may kindly be granted;

      e.      Any other relief as this Hon'ble Court may deem fit and proper in the
      interest of justice”

2.    Mr. Nitin B. Patil, learned APP for the State, and Mr. Sachin

Bhavar, learned Advocate for Respondent No. 3, submit that Applicant

No. 1 had filed a complaint against the husband of Respondent No. 3,

making false allegations with a sole motive and intent to pressurize

Respondent No. 3 to withdraw the present FIR.


3.    Mr. Sachin Bhavar, learned Advocate for Respondent No. 3, has

tendered an affidavit-in-reply dated 13th September 2026 along with

documents (pages 48 to 92). The same is taken on record.


4.    Faced with the contentions urged by Mr. Nitin B. Patil and Mr.

Sachin Bhavar, learned Advocate for Respondent No. 3, in the context of

mala fides of Applicant No. 1 (Sneha Santosh Karajagi @ Unnad), Mr.

Prasad Kamthe, learned Advocate for the Applicants, on instructions,

seeks leave to unconditionally withdraw the Anticipatory Bail

Application on behalf of Sneha Santosh Karajagi @ Unnad (Applicant

No. 1).


5.    Mr. Prasad Kamthe, learned Advocate for the Applicants, submits

that, as this Application is a composite Application on behalf of both the

Applicants, liberty be granted to Applicant No. 2 (Shivkanya Basavaraj

Mathapati) to file a fresh Bail Application.



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6.    The aforesaid request made by Mr. Prasad Kamthe, learned

Advocate for the Applicants for seeking withdrawal on behalf of

Applicant No. 1 and filing a fresh Bail Application on behalf of

Applicant No. 2 is not objected to by Mr. Nitin B. Patil, learned APP, and

Mr. Sachin Bhavar for Respondent No. 3. They, however, submit that

their right to object to the Bail Application, if filed by Applicant No. 2,

on merits be expressly left open.


7.    In view of the statement made by Mr. Prasad Kamthe, learned

Advocate for the Applicants, leave is granted to withdraw this

Anticipatory Bail Application on behalf of Applicant No. 1 (Sneha

Santosh Karajagi Alias Unnad).


8.    In view of the withdrawal, Criminal Anticipatory Bail Application

No. 511 of 2026 stands dismissed as against Applicant No. 1.


9.    Leave is granted to Applicant No. 2 to file a fresh Bail

Application.


10.   All the contentions of the Respondents on merits are left open.


11.   Criminal Anticipatory Bail Application No. 511 of 2026 is

disposed of in the above terms.




                                            (ASHWIN D. BHOBE, J.)




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