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Bombay High Court

RAMA @ RAMCHANDRA NAGNATH SAPTALEversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The court granted anticipatory bail, directing the applicant to appear before the investigating officer on specified dates and to cooperate with the investigation.

Summary

The applicant, Rama @ Ramchandra Nagnath Saptale, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 849 of 2023 involving offences under the IPC (sections 354, 354A, 354D, 506 read with 34) and the POCSO Act (sections 8, 9, 12). He asserted full cooperation with the investigation and highlighted that co‑accused brothers had already been released on anticipatory bail. The State argued that custodial interrogation was unnecessary but required the applicant to appear before the investigating officer on specific dates. Both parties agreed to the applicant’s appearance and cooperation. The High Court disposed of the application, directing the applicant to report to the investigating officer on the stipulated dates and to cooperate, effectively granting anticipatory bail with conditions.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given his cooperation and the bail granted to co‑accused.
  • Whether the applicant needs to be subjected to custodial interrogation or can be required to appear before the investigating officer on specified dates.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • IPC sexual offences
  • POCSO Act
  • cooperation with investigation
  • bail conditions

Judgment

                                                           36-ABA-972-2024.doc


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION
       ANTICIPATORY BAIL APPLICATION NO. 972 OF 2024
Rama @ Ramchandra Nagnath Saptale              ...Applicant
         Versus.
The State of Maharashtra                                  ...Respondent
                                       -----
Mr. Jolly Bhutelo a/w Vrushali Ingle Patil, Advocate for the Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
Ms. Tanaya Doke, Advocate for the Respondent No. 2. (Appointed
through Legal Aid).
                                  -------
                                 CORAM :       ASHWIN D. BHOBE, J.
                                  DATE :       5th October, 2026.
P.C. :


1.       Heard Mr. Jolly Bhutelo, learned Advocate for the Applicant, Mr.

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

Doke, learned Advocate for the Respondent No. 2.



2.       By the present Application under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant seeks bail in Crime No.

849 of 2023, registered at Mangalwedha Police Station, for offences

punishable under Sections 354, 354A, 354D, and 506 read with Section

34 of the Indian Penal Code, 1860, and under Sections 8, 9, and 12 of

the Prevention of Children from Sexual Offences Act, 2012.


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                                                            36-ABA-972-2024.doc


3.      Mr. Jolly Bhutelo, learned Advocate for the Applicant, states that

there are 3 Accused in the present crime. He submits that the Applicant

is Accused No. 1.



4.      Mr. Jolly Bhutelo, learned Advocate for the Applicant, submits

that since the registration of Crime No. 849 of 2023, the Applicant has

been available for investigation. He submits that the Applicant has

cooperated with the investigation and shall continue to cooperate in the

investigation of Crime No. 849 of 2023. He submits that on identical

allegations, Ajay Ramchandra Saptale (Accused No. 3) and Akshay

Ramchandra Saptale (Accused No. 2) in Crime No. 849 of 2023 have

been released on Anticipatory Bail in Anticipatory Bail Application Nos.

3601 of 2023 and 681 of 2024, respectively.



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

instructions from the Investigating Officer, Mangalwedha Police Station,

states that the custodial interrogation of the Applicant in Crime No. 849

of 2023 is not required. However, he submits that the Applicant be

directed to appear before the Investigating Officer, Mangalwedha Police

Station, on 9th, 10th, 12th and 13th October 2026, from 10:00 a.m. to

1:00 p.m and thereafter, as and when required by the Investigating

Officer, Mangalwedha Police Station in investigation of Crime No. 849

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                                                           36-ABA-972-2024.doc


of 2023.



6.      Mr. Jolly Bhutelo, learned Advocate for the Applicant, on

instructions of the Applicant, states that the Applicant shall appear

before the Investigating Officer on 9th, 10th, 12th and 13th October 2026,

from 10:00 a.m. to 1:00 p.m and thereafter, as and when required by

the Investigating Officer, Mangalwedha Police Station . He states that

the Applicant shall co-operate with the investigation in Crime No. 849

of 2023. Statements accepted.



7.      In view of the statements made by Mr. S. H. Yadav, learned APP

for the Respondent – State and Mr. Jolly Bhutelo, learned Advocate for

the Applicant, this Application is disposed of by directing the Applicant

to appear and report to the Investigating Officer, Mangalwedha Police

Station, on 9th, 10th, 12th and 13th October 2026, from 10:00 a.m. to

1:00 p.m and thereafter, as and when required by the Investigating

Officer, Mangalwedha Police Station and to co-operate with the

investigation in Crime No. 849 of 2023.



8.       The High Court Legal Services Committee, Mumbai, Circuit

Bench at Kolhapur, shall quantify and pay the legal fees payable under

the Legal Aid Scheme to Advocate Ms. Tanaya Doke, who has appeared


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                                                                                 36-ABA-972-2024.doc


                     and represented the Respondent No. 2 in this Application.



                     9.      Anticipatory Bail Application No. 972 of 2024 is disposed of.



                                                                     (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.10.06
        10:30:32
        +0530




                     Arjun                              4


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