Bombay High Court

Shivkanya Basavaraj MathapativersusThe State Of Maharashtra

Disposal: Allowed

Holding

The Court granted anticipatory bail to the applicant, subject to specified conditions.

Summary

The High Court considered an anticipatory bail application filed by Shivkanya Basavaraj Mathapati under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a theft case (Crime No. 654 of 2026) alleged under Sections 303(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that the applicant, a 21‑year‑old student, and another accused had stolen jewellery worth Rs. 8.4 lakh from the complainant’s house. The applicant contended that the allegations were implausible, that she had no role in the complainant’s separate complaint against her husband, and that she was willing to cooperate with the investigation. The State argued that the presence of the applicant and the other accused in the room where the jewellery was kept raised suspicion and that the matter required investigation. After examining the delay in filing the FIR and the nature of the allegations, the Court held that custodial interrogation was unnecessary and granted anticipatory bail with strict conditions, including a personal bond, reporting requirements, and non‑interference with evidence.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a theft case punishable under Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Whether the applicant's alleged conduct warrants custodial interrogation or arrest.
Whether the delay in lodging the FIR affects the merit of the bail application.
Whether the applicant’s non‑involvement in the complainant’s separate complaint against her husband impacts the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 3(5)

Subjects

anticipatory bail
Section 482
theft
Bharatiya Nyaya Sanhita
bail conditions
delay in FIR
student accused
investigation cooperation

Judgment

905-ABA-555-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 555 OF 2026
Shivkanya Basavaraj Mathapati ...Applicant
Versus.
The State of Maharashtra And Ors. ...Respondents
-----
Mr. Vinayak Belgaonkar i/b Prasad Kamthe, Advocate for the Applicant.
Mr. N. B. Patil, APP for the Respondent – State.
Mr. Sachin Bhavar, Advocate for the Respondent No. 3.
HC Santosh Chavan, Mohol Police Station, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 23rd September, 2026.
P.C. :

1. Heard, Mr. Vinayak Belgaonkar, learned Advocate for the

Applicant, Mr. N. B. Patil, learned APP for the Respondent – State and

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

2. At the outset, it is worth noting that the Applicant-Accused No. 2

(Shivkanya Basavaraj Mathapati) was earlier before this Court by way

of Criminal Anticipatory Bail Application No. 511 of 2026, along with

Accused No. 1 (Sneha Santosh Karajagi). Upon Respondent No. 3-

Complainant (Geetanjali Abhay Kolekar) appearing and filing an

Affidavit in reply dated 13.09.2026 in Criminal Anticipatory Bail

Application No. 511 of 2026, along with documents, referring to the
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conduct of Accused No. 1, which placed before this Court an attempt by

Accused No. 1 to involve the husband of Respondent No. 3 in a false

case of molestation to pressurize Respondent No. 3 to withdraw Crime

No. 654 of 2026, Accused No. 1 withdrew her request for Anticipatory

Bail Application in Crime No. 654 of 2026. Accordingly, by accepting

the request of Accused No. 1, vide order dated 15.09.2026, this Court

dismissed the Anticipatory Bail Application No. 511 of 2026, in Crime

No. 654 of 2026, filed by Accused No. 1. This Court granted the

Applicant liberty to file a fresh Bail Application. The order dated

15.09.2026 passed in Anticipatory Bail Application in Crime No. 654 of

2026, is at Exhibit-C page Nos. 33 to 35 of the Application paper book.

3. The Applicant has now filed this Application under Section 482 of

the Bharatiya Nagarik Suraksha Sanhita, 2023, before this Court,

seeking pre-arrest bail, apprehending arrest in Crime No. 654 of 2026

registered with the Mohol Police Station for offences punishable under

Sections 303(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita,

2023.

4. In brief, the prosecution case as stated in the FIR is that on

22.06.2026, Accused No. 1, a friend of Respondent No. 3, along with

the Applicant, visited Mohol, District Solapur, to attend a marriage. As

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they could not return to their village, Respondent No. 3 asked them to

stay overnight at her house. On the following day, i.e. 23.06.2026,

Respondent No. 3 invited Accused No. 1 to her kitchen for tea.

Thereafter, Accused No. 1 informed Respondent No. 3 that ants were

biting her back and that she would go inside the bedroom to change her

clothes. Accordingly, Accused went inside the bedroom carrying a black

bag, returned to the kitchen after approximately ten minutes, stated

that they were leaving, and thereafter left the house. On 29.06.2026,

when Respondent No. 3 was preparing to perform a puja, she opened

the cupboard to take out her jewellery and noticed it was missing. After

searching the cupboard and the house with her husband, they could not

find the jewellery. She suspected that both Accused had stolen the

jewellery. The stolen jewellery, consisting of a gold necklace, neckpiece,

rings, ear tops, gold beads and a nose ring, was valued at approximately

Rs.8,40,000/-. Accordingly, Respondent No. 3 lodged the FIR against

Accused No. 1 and the Applicant for committing theft of the said gold

ornaments.

5. Mr. Vinayak Belgaonkar, learned Advocate for the Applicant,

submits that it is unbelievable that the Respondent No. 3 could have

kept gold, worth Rs. 8,40,000/-, unattended in the room where the

acquaintance Accused No. 1 and the Applicant were permitted to stay
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for a day or two. He submits that the allegations against the Applicant

are false. He submits that the Applicant is a 21-year-old student. He

submits that as per the allegations of the Respondent No. 3, it is the

Accused No. 1 who filed a complaint against the husband of the

Respondent No. 3, alleging that a case of molestation would be filed

against him if the Respondent No. 3 does not withdraw the Crime No.

654 of 2026. He thus submits that there may be an issue regarding the

involvement of Accused No.1 in Crime No. 654 of 2026. He submits that

the Applicant is neither a signatory to the complaint referred to by the

Respondent No. 3 in her Affidavit in reply dated 13.09.2026 filed in

Criminal Anticipatory Bail Application No. 511 of 2026 nor has the

Applicant filed any complaint against the husband of the Respondent

No. 3. He submits that the Applicant is ready to appear before the

Investigating Officer and willing to cooperate in the investigation of

Crime No. 654 of 2026.

6. Mr. N. B. Patil, learned APP for the Respondent – State, submits

that the Applicant and Accused No. 1, who were occupying the room in

the house of Respondent No. 3 where the gold was kept, are sufficient

to cast suspicion that they took away the gold kept in the cupboard by

Respondent No. 3. He submits that the matter requires investigation.

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

submits that Respondent No. 3 kept the gold ornaments in the cupboard

in the room where the Applicant and Accused No. 1 were permitted to

stay on 22.06.2026 to 23.06.2026. He submits that the Accused noticed

where Respondent No. 3 kept the cupboard key, thereafter opened the

cupboard, and stole the gold. He submits that upon realizing that the

gold had been stolen, Respondent No. 3 contacted Accused No. 1 and

confronted her. He submits that Respondent No. 3 received evasive

answers from Accused No. 1 and therefore filed the complaint on

02.07.2026. He submits that the false complaint filed by Accused No. 1

against the husband of Respondent No. 3 after the registration of Crime

No. 654 of 2026 indicates malafide intentions of Accused No. 1, clear

involvement of Accused No. 1 in Crime No. 654 of 2026 and an attempt

by Accused No. 1 to pressurize Respondent No. 3 not to pursue the

complaint, which is the subject matter of Crime No. 654 of 2026. He

submits that Accused No. 1 is absconding.

8. Perused the records with the assistance of the learned Advocates

for the parties.

9. Perusal of the FIR indicates that the alleged incident is dated

23.06.2026. Respondent No. 3 claims to have realized that jewellery

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was missing on 29.06.2026. The FIR was filed on 02.07.2026. The

reason for the delay in lodging the FIR, as advanced by Mr. Sachin

Bhavar, learned Advocate for Respondent No. 3, does not appear

convincing in relation to the allegation against the Applicant.

10. The Applicant, a 21-year-old girl studying at Smt. Veeramma

Gangasiri College for Women, Kalaburagi, Karnataka, is alleged to have

stolen the jewellery, which again, prima facie, appears doubtful.

11. Filing of the complaint by the Accused No. 1 against the husband

of the Respondent No. 3, after the registration of Crime No. 654 of

2026, the motive and the reasons for filing the same, as contended by

Mr. Sachin Bhavar, learned Advocate for Respondent No. 3 would have

to be tested in the context of the case of Accused No.1. Incontestably,

the Applicant was neither a party to the complaint filed by Accused

No.1 nor has the Applicant made any allegations against the husband of

the Respondent No.3.

12. In view of the above, considering the nature of the allegation

against the Applicant, who is a student and a 21-year-old girl, custodial

interrogation of the Applicant is not required in Crime No. 654 of 2026.

13. In view of the above, this Application is allowed on the following
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conditions :-

(a) In the event of arrest of the Applicant in

Crime No. 654 of 2026, registered with Mohol Police

Station, the Applicant shall be released on bail upon

furnishing a PR bond of Rs. 50,000/- with one or two

sureties in the like amount, to the satisfaction of the

Investigating Officer of Mohol Police Station.

(b) Applicant shall appear and report to the

Investigating Officer, Mohol Police Station, on 28 th,

29th and 30th September, 2026, from 10:00 am to

12:00 noon and thereafter as and when required by

the Investigating Officer in Crime No. 654 of 2026.

The Applicant shall cooperate with the investigation in

Crime No. 654 of 2026.

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.

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(d) Applicant shall not tamper with evidence in any

manner.

(e) Applicant shall on 28th September, 2026 provide

the Investigating Officer with her residential address

along with proof, her contact number, email and must

inform the Investigating Officer of any changes to this

information from time to time.

14. It is clarified that the observations made in this case are prima

facie and limited to the Applicant. The observations in this order shall

not enure to the Accused No. 1 in Crime No. 654 of 2026.

15. Anticipatory Bail Application No. 555 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.24
14:33:16
+0530

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