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Bombay High Court

VYANKATESH RAMALU PAGADIMARRIversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The court confirmed the anticipatory bail order dated 23 March 2023 and made the interim conditions absolute, thereby granting anticipatory bail to the applicant.

Summary

Vyankatesh Ramalu Pagadimarri applied for anticipatory bail under Section 438 of the Criminal Procedure Code, claiming that his matrimonial dispute had been amicably settled and the marriage dissolved under Section 13B of the Hindu Marriage Act. The trial court had already granted interim bail on 23 March 2023, subject to a bail bond and sureties, and the applicant had cooperated with the investigation in Crime No. 368 of 2022, with a chargesheet filed and the case pending before the Judicial Magistrate. The State argued that the second respondent had not responded to notices, but no breach of bail conditions was alleged. The High Court, noting the applicant’s compliance and lack of any violation, confirmed the earlier anticipatory bail order and made the interim conditions absolute. Consequently, the anticipatory bail application was disposed of in the applicant’s favour.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in view of the alleged settlement of the matrimonial dispute and dissolution of marriage.
  • Whether the conditions imposed in the interim bail order can be converted to absolute conditions.
  • Whether the cause title may be amended to implead the first informant as Respondent No.2.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • interim bail
  • matrimonial dispute
  • Hindu Marriage Act
  • Section 13B
  • chargesheet
  • cooperation with investigation

Judgment

                                                                  21-ABA-836-2023.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 836 OF 2023

Vyankatesh Ramalu Pagadimarri                         ...Applicant
       Versus
The State of Maharashtra                              ...Respondent
_______________________________________________________________
Mr. Viresh Purwant a/w Ashutosh Purwant, Advocate for the Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
PC S. K. Wakude, Jailroad Police Station, is present.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 28th September, 2026.
P.C. :


1.      Heard Mr. Viresh Purwant, learned Advocate for the Applicant

and Mr. S. H. Yadav, learned APP for the Respondent – State.



2.      On 23.03.2023, the following order is passed :


          1.       This is an application under Section 438 Cr.P.C. filed
          by the aforesaid Applicant mainly on the ground that the
          matrimonial dispute between him and the first informant has
          been amicably settled.
          2.        A perusal of the order dated 13.2.2023 prima facie
          reveals that the first informant had denied that the matter was
          amicably settled. Learned Counsel for the Applicant states that
          pursuant to the settlement terms, the Family Court has
          dissolved the marriage under Section 13B of the Hindu
          Marriage Act. He seeks leave to place on record copy of the
          decree and to implead the first informant as party Respondent
          No.2. Leave granted. Cause title be amended forthwith.
          3.         Learned APP shall make an endeavor to intimate the
          next date of hearing to the Respondent No.2 through the
          Officer of the concerned police station.



Arjun                               1
                                                                   21-ABA-836-2023.doc



          4.        The Applicant is granted interim bail till the next
          date of hearing. Hence the order.
          (i) In the event of arrest of the Applicant in Crime No.368 of
          2022 registered with Jail Road Police Station, Solapur, the
          Applicant be released on interim bail on furnishing bail bond of
          Rs.25,000/- (Rupees Twentyfive Thousand Only) with one or
          two sureties in the like amount, to the satisfaction of the
          Investigation Officer.
          (ii) The Applicant shall keep the Investigating Officer informed
          of his current address and mobile/contact details, and/or
          change of residence or mobile/contact details from time to
          time.


                    Stand over to 06.04.2023.


3.      Mr. Viresh Purwant, learned Advocate for the Applicant, states

that the Applicant has appeared before the Investigating Officer, Jail

Road Police Station, Solapur, and has co-operated with the investigation

in Crime No. 368 of 2022. He states that upon the completion of

investigation in Crime No. 368 of 2022, chargesheet is filed and the

matter is proceeding before the Judicial Magistrate First Class, Solapur

(“Trial Court”) He submits that the Applicant is regularly appearing

before the Trial Court at Solapur.



4.      Mr. S. H. Yadav, learned APP for the Respondent – State, submits

that the Respondent No. 2 was informed by the Investigating Officer,

Jail Road Police Station, Solapur, about the date fixed in this matter. He

states that there is no response received from the Respondent No. 2,

despite being notified. He, on instructions from the Investigating



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                       Officer, states that the Applicant has appeared and co-operated with the

                       investigation in Crime No. 368 of 2022. He further states that upon

                       completion of the investigation in Crime No. 368 of 2022, chargesheet

                       has been filed before the Judicial Magistrate First Class, at Solapur and

                       is now registered as R.C.C. No. 1582 of 2023.



                       5.      Considering the observations of this Court in paragraph no. 2 of

                       the order dated 23.03.2023, the statements today made by Mr. Viresh

                       Purwant, learned Advocate for the Applicant and Mr. S. H. Yadav,

                       learned APP, the Applicant being on interim bail since 23.03.2023 and

                       there being no allegations of any breach of the conditions of the order

                       dated 23.03.2023, this Application is allowed by confirming the order

                       dated 23.03.2023 and making the condition in paragraph no. 4(i) and

                       (ii) of the order dated 23.03.2023, absolute.



                       6.      Anticipatory Bail Application No. 836 of 2023 is disposed of.



                                                                       (ASHWIN D. BHOBE, J.)



          Digitally
          signed by
          ARJUN
ARJUN     KRISHNA
KRISHNA   RODGE
RODGE     Date:
          2026.10.01
          10:42:39
          +0530




                       Arjun                             3


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