Bombay High Court
RAJENDRA VISHNU PATILversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The anticipatory bail application is allowed, granting pre‑arrest bail subject to the conditions imposed by the court.
Summary
The petitioner, Rajendra Vishnu Patil, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving alleged bribery under Sections 7, 7(A) and 12 of the Prevention of Corruption Act, 1988. He was accused as a private middleman facilitating a bribe demanded by a Circle Officer (Accused No.1), but the alleged bribe attempts on 7 and 13 July 2026 failed and no money was accepted. The public servant accused was already released on regular bail. The petitioner offered to surrender his mobile phone, appear before the investigating officer, and cooperate with the investigation. The court held that custodial interrogation was unnecessary and granted anticipatory bail subject to strict conditions, including furnishing a bond, reporting to the investigating officer on specified dates, and not tampering with evidence. The application was disposed with the bail order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the BNSS, 2023 in view of the alleged involvement as a middleman in a corruption case.
- Whether custodial interrogation of the petitioner is necessary for the investigation.
- Whether the conditions imposed are sufficient to safeguard the investigation while protecting the petitioner’s liberty.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Prevention of Corruption Act, 1988 — s. 12, 7, 7(A)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Prevention of Corruption Act
- bribery
- middleman
- custodial interrogation
- bail conditions
- public servant
Judgment
5-ABA-577-2026 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 577 OF 2026
Rajendra Vishnu Patil …...Petitioner
Versus.
The State Of Maharashtra & Anr.. …...Respondents
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Mr. Wasim Samlewale, for the Applicant.
Dr. Ashwini Takalkar, A.P.P. for the Respondent-State.
Mr. Yogesh Chavan, P.I. ACB Sangli.
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Coram : ASHWIN D. BHOBE, J.
Date : 29th September 2026.
PER COURT :
1. Heard, Mr. Wasim Samlewale, learned Advocate appearing for the
Applicant, and Dr. Ashwini Takalkar, learned A.P.P. for the State.
2. By the present Application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant seeks pre-arrest
bail, apprehending arrest in Crime No. 178 of 2026, for offences punishable
under Sections 7, 7(A) and 12 of the Prevention of Corruption Act, 1988,
registered at the Kadegaon Police Station, District Sangli.
3. Mr. Wasim Samlewale, learned Advocate for the Applicant, states that
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5-ABA-577-2026 (CR).doc
there are two (2) Accused in Crime No. 178 of 2026. He states that the
Applicant is Accused No. 2, whereas Accused No. 1 (Manohar Dhondiram
Patil) is the public servant.
4. The prosecution case is that Accused No. 1, a Circle Officer, demanded
a bribe of Rs.6,000/- to effect a mutation entry. The Applicant (Accused No.
2) is a private person who acted as a middleman on behalf of Accused No. 1.
5. Mr. Wasim Samlewale, learned Advocate for the Applicant, states that
the Applicant is a private person. He submits that although the traps were
laid on 7th July 2026 and 13th July 2026, neither of the accused accepted the
bribe amount. He submits that Accused No. 1, who is the public servant, was
released on regular bail by the Sessions Court upon his arrest. He submits
that the Applicant is not involved in the crime and is ready to appear before
the Investigating Officer and to cooperate with the investigation in Crime No.
178 of 2026.
6. Dr. Ashwini Takalkar, learned A.P.P. for the State, submits that Crime
No. 178 of 2026 is being investigated by the Investigating Officer, ACB,
Sangli . She by referring to the F.I.R. and its narration, submits that the
Applicant’s role as a middleman, facilitating communication between Accused
No. 1 and the gullible person, is established. She further submits that the
audio recording, along with the statements of the Pancha witnesses, support
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the prosecution case that the Applicant was acting as a middleman and
making demands on behalf of Accused No. 1. She further submits that the
Applicant’s custodial interrogation is required to secure his mobile phone and
to unearth the involvement of other persons.
7. Perused the records with the assistance of learned Advocates.
8. Apparently, the traps laid by the Respondent on 07 th July 2026 and 13th
July 2026 were unsuccessful. Neither of the Accused accepted the bribe
amount. The Applicant is a private person. The allegations against the
Applicant are that the Applicant acted as a facilitator/middleman for Accused
No. 1, who is a Circle Officer at Tondoli. Accused No. 1 (a public servant) has
been released on Regular Bail.
9. Mr. Wasim Samlewale, learned Advocate for the Applicant, on
instructions from the Applicant, states that the Applicant shall surrender his
mobile phone, without formatting it, to the Investigating Officer on or before
30th September 2026. Statement accepted.
10. In view of the aforesaid circumstances, custodial interrogation of the
Applicant in Crime No. 178 of 2026 is not necessary.
11. This Application is allowed on the following terms:-
a) In the event of arrest of the Applicant in Crime No. 178 of
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5-ABA-577-2026 (CR).doc
2026, registered with Kadegaon Police Station, District Sangli,
the Applicant shall be released on bail on furnishing a P.R. Bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
one or two sureties in the like amount to the satisfaction of the
Investigating Officer, ACB, Sangli investigating Crime No. 178 of
2026
b) The Applicant shall appear and report before the
Investigating Officer, ACB, Sangli, on 30 th September 2026, 1st
October 2026, 5th October 2026 and on 6 th October 2026 from
11.00 a.m. to 02.00 p.m. and thereafter, as and when required
by the Investigating Officer, ACB, Sangli. The Applicant shall
cooperate with the investigation in Crime No. 178 of 2026.
c) The Applicant shall submit himself to the Investigating
Officer, ACB, Sangli, for recording his voice sample.
d) The Applicant shall surrender his mobile phone to the
Investigating Officer, ACB, Sangli on 30th September 2026.
e) 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 that person from disclosing those
facts to the Court or any police officer.
f) The Applicant shall not tamper with the evidence in any
manner.
g) The Applicant shall provide the Investigating Officer with
his residential address along with proof thereof, his contact
number and email address, and shall inform the Investigating
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Officer of any changes to this information from time to time.
12. Anticipatory Bail Application No.577 of 2026 is disposed.
[ ASHWIN D. BHOBE, J. ]
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