Bombay High Court
RAVINDRA MUKUND MANGAONKARversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The Court allowed the anticipatory bail, holding that custodial interrogation was not necessary and bail may be granted subject to strict conditions.
Summary
The applicant, accused No.6 in a case involving alleged purchase of prohibited gutkha, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking protection from arrest for offences under Sections 123, 223, 271, 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 59 of the Food Safety and Standards Act, 2006. The State argued that custodial interrogation was required to seize the applicant's mobile phone, which could contain transaction details. The Court noted that the legality of charging under Section 123 (formerly IPC 328) is pending before the Supreme Court, and therefore granted anticipatory bail, holding that custodial interrogation was unnecessary. The bail was conditioned on the applicant surrendering his mobile phone, appearing before the investigating officer on specified dates, furnishing a bond of Rs.50,000 with sureties, and complying with several conduct restrictions. The application was allowed and the related anticipatory bail application was disposed of.
Issues considered
- Whether anticipatory bail can be granted under Section 482 BNSS when the offence under Section 123 BNS is under judicial consideration by the Supreme Court
- Whether custodial interrogation is necessary to obtain the applicant's mobile phone for investigation
- Whether the provisions of Section 482 BNSS permit the grant of bail in the present circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 179, 482
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 271, 275
- Food Safety and Standards Act, 2006 — s. 59
Subjects
- anticipatory bail
- Section 482 BNSS
- Bharatiya Nyaya Sanhita
- Food Safety Act
- mobile phone seizure
- custodial interrogation
- Supreme Court pending question
- bail conditions
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 563 OF 2026
Ravindra Mukund Mangaonkar …...Applicant
VERSUS.
State Of Maharashtra And Anr. …...Respondents
-----
Mr. Advait Vajaratkar, for Applicant.
Ms. Shubhangi N. Deshmukh, A.P.P., for Respondent Nos.1 and 2 - State.
PSI, Mr. S. U. Gawas, Banda Police Station, present.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
-------
2026.09.28
21:04:37
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th SEPTEMBER, 2026.
P.C.
1. Heard, Mr. Advait Vajaratkar, learned Advocate for the Applicant,
and Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos. 1 and
2 – State.
2. By this Application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks
pre-arrest bail, apprehending arrest in connection with Crime No. 89 of
2026, registered at Banda Police Station, District Sindhudurg, dated 30 th
July 2026, for offences punishable under Sections 123, 223, 271 and 275
Shantanu S. Dhudum
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of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”), along with
Section 59 of the Food Safety and Standards Act, 2006.
3. Mr. Advait Vajaratkar, learned Advocate for the Applicant,
submits that there are seven (7) accused in the present case. The Applicant
is Accused No.6.
4. Mr. Advait Vajaratkar, learned Advocate for the Applicant,
submits that the allegation against the Applicant in Crime No.89 of 2026 is
that he was the projected purchaser of the prohibited article (Gutkha). He
submits that apart from the said allegation, there are no other allegations
against the Applicant. He submits that notice under Section 179 of the
BNSS, 2023, was issued to the Applicant. He submits that upon receipt of
the said notice under Section 179 of the BNSS, the Applicant appeared
before the Investigating Officer and provided details in connection with
Crime No. 89 of 2026.
5. Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.
1 and 2 – State, submits that the custodial interrogation of the Applicant is
required to secure his mobile phone, which would contain details of the
transactions and further for the purpose of investigation into the crime
pertaining to prohibited article (Gutkha).
6. There is no dispute that the main offence in the present crime is
under Section 123 of the BNS 2023 (old Section 328 of the IPC). The
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question as to whether an offence under Section 123 of the BNS 2023
(Section 328 of the IPC) can be registered in such cases is pending before
the Hon’ble Supreme Court in the case of Anand Ramdhani Chaurasia vs.
State of Maharashtra1
7. Considering the pendency of the said question before the
Hon’ble Supreme Court, this Court has granted Anticipatory Bail as well as
Regular Bail to the accused charged with the offence under Section 123 of
the BNS. Useful reference can be made to the orders of this Court in the
case of Rashid Rukmuddin and Another Vs. The State of Maharashtra 2,
Tushar B. Bhamare Vs. The State of Maharashtra 3, Ahefaz Iqbal Memon
alias Menon Vs. The State of Maharashtra 4, Dipak Maharajsingh yadav Vs.
The State of Maharashtra5 and Karan Ramabhai @ Karamshibhai
Hamabhai Jograna and Another Vs. The State of Maharashtra6.
8. Mr. Advait Vajaratkar, learned Advocate for the Applicant, on
instructions from the Applicant, states that the Applicant shall appear
before the Investigating Officer as and when required by the Investigating
Officer and shall co-operate with the investigation in Crime No.89 of 2026.
He states that the Applicant shall surrender his mobile phone, without
1 2019 SCC Online Bom 1857
2 Criminal Bail Application No.403 of 2023 decided on 6th March, 2023.
3 Criminal Bail Application No.579 of 2025 decided on 26th February, 2025.
4 Criminal Bail Application No.1463 of 2022 decided on 16th January, 2023.
5 Criminal Bail Application No.45 of 2024 decided on 1st February, 2024.
6 Criminal Bail Application No.273 of 2024 decided on 8th March, 2023.
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formatting the same, to the Investigating Officer on the date fixed for
appearance. Statement accepted.
9. In view of the above and considering the allegations against the
Applicant, custodial interrogation of the Applicant in Crime No.89 of 2026
is not necessary.
10. This Application is allowed on the following conditions:
ORDER
A) In the event of arrest of the Applicant - Rajan Shantaram
Parkar, in connection with Crime No.89 of 2026, registered
at Banda Police Station, District Sindhudurg, dated
30.07.2026, for the offences punishable under Sections
123, 223, 271, 275 of the Bharatiya Nyaya Sanhita, 2023
(for short, “BNS”) along with Section 59 of the Food Safety
and Standards Act, 2006, the Applicant shall be released on
bail on furnishing P.R. Bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties in
the like amount to the satisfaction of the Investigating
Officer, Banda Police Station.
B) The Applicant shall appear and report to the Investigating
Officer at Banda Police Station, Taluka Sawantwadi, District
Sindhudurg, on 5th, 6th and 7th October, 2026 from 10:00
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a.m. to 12:00 noon, and thereafter as and when required by
the Investigating Officer. The Applicant shall cooperate with
the investigation.
C) The Applicant shall submit his mobile phone to the
Investigating Officer on 5th October 2026.
D) 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.
E) The Applicant shall not tamper with the evidence, in any
manner.
F) 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.
G) The Applicant shall not indulge in similar offences.
11. Anticipatory Bail Application No.561 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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