Bombay High Court
Prabhavati Vitthal WadkarversusThe State of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
The Court disposed of the criminal applications without addressing the merits, holding that the pending ‘B’ Summary precludes consideration of the anticipatory bail challenge.
Summary
The petitioners, Prabhavati Vitthal Wadkar, challenged the anticipatory bail orders dated 6 May 2026 granted by a Special Judge under the POCSO Act and an Additional Sessions Judge in four separate bail applications. The State of Maharashtra filed a ‘B’ Summary in Crime No.193 of 2026 for offences under Sections 70(1), 351(3), 356(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The High Court held that because a ‘B’ Summary had been filed, it was premature to consider the bail challenge and therefore disposed of the applications. The Court clarified that it had not examined the merits and that the petitioners could file fresh applications if the trial court rejects the ‘B’ Summary. Consequently, the applications were dismissed pending the outcome of the ‘B’ Summary.
Issues considered
- Whether the anticipatory bail orders granted by the Special Judge and Additional Sessions Judge are legally valid.
- Whether the filing of a ‘B’ Summary bars the Court from entertaining the challenge to the anticipatory bail orders at this stage.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 351(3), 356(2), 70(1)
- Protection of Children from Sexual Offences Act, 2012
Subjects
- anticipatory bail
- B summary
- criminal application
- procedural law
- Bharatiya Nyaya Sanhita
- POCSO Act
Judgment
09-APPLN-208-2026 & 10-12.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.208 OF 2026
ARJUN Prabhavati Vitthal Wadkar ...Applicant
VITTHAL Versus
KUDHEKAR
Digitally signed by
The State of Maharashtra & Ors. ...Respondents
ARJUN VITTHAL
KUDHEKAR
Date: 2026.09.23
WITH
20:38:54 +0530
CRIMINAL APPLICATION NO.210 OF 2026
Prabhavati Vitthal Wadkar ...Applicant
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
CRIMINAL APPLICATION NO.211 OF 2026
Prabhavati Vitthal Wadkar ...Applicant
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
CRIMINAL APPLICATION NO.212 OF 2026
Prabhavati Vitthal Wadkar ...Applicant
Versus
The State of Maharashtra & Ors. ...Respondents
——————
Mr. Vikas Shivarkar, for the Applicants.
Ms. S. M. Yadav, APP, for the Respondent-State.
PSI Pankaj Hole, Hinjawadi Police Station, Pimpri-Chinchwad, Pune,
present.
——————
Coram: Madhav J. Jamdar, J.
Date: 22 September 2026
P.C.:
Arjun 1
09-APPLN-208-2026 & 10-12.doc
1. In these Criminal Applications, the challenge is to the legality and
validity of the Order dated 6th May 2026 passed by the learned Special
Judge (under POCSO Act) & Additional Sessions Judge, Pune in Criminal
Bail Application Nos.1710 of 2026, 1677 of 2026, 1695 of 2026 and 1674
of 2026, respectively. By the impugned Orders, anticipatory bail has
been granted to the private Respondents.
2. However, at the outset, Ms. Yadav, learned APP, for the
Respondent-State, states that a ‘B’ Summary has been filed in Crime
No.193 of 2026 (wrongly mentioned as Crime No.193 of 2025),
registered with Hinjawadi Police Station, Pimpri-Chinchwad, Pune, for
the offences punishable under Sections 70(1), 351(3), 356(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
3. In view of the filing of the ‘B’ Summary, it is not necessary to
consider the challenge to the impugned Orders granting anticipatory
bail to the Accused at this stage.
4. However, if, upon consideration of the protest petition against
the said ‘B’ Summary, the learned Trial Court rejects the ‘B’ Summary,
the Applicant is granted leave to file fresh Criminal Application in that
event.
5. Accordingly, the Criminal Applications are disposed of, subject to
above.
6. It is clarified that this Court has not considered the merits, as a ‘B’
Arjun 2
09-APPLN-208-2026 & 10-12.doc
Summary has been filed and all contentions on merits are expressly kept
open.
[Madhav J. Jamdar, J.]
Arjun 3
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