Bombay High Court

GOPICHAND RANGARAO KOTA @ KOTA GOPI CHAND S/O KOTA RANGARAOversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The court held that bail should be granted, subject to a personal bond of Rs 50,000, a payment undertaking of Rs 10 lakhs to the victim’s father, and the usual bail conditions.

Summary

The Bombay High Court considered the bail application of Gopichand Rangarao Kota, who is charged under Sections 69, 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for demanding dowry, refusing to marry and related offences. The prosecution alleged that the accused had a consensual relationship with the victim, demanded Rs 26 lakhs in dowry and gold, and evaded the marriage despite an engagement. The parties jointly undertook to pay Rs 10 lakhs to the victim’s father as a condition for bail. The court, noting the consensual nature of the relationship and the dispute over marriage, accepted the undertaking and ordered the release of the accused on a personal bond of Rs 50,000 with sureties, subject to the payment condition and standard bail conditions. The order expressly stated that the payment is without prejudice to the trial and does not constitute an admission of guilt.

Issues considered

Whether bail should be granted in a case involving alleged dowry demand and refusal to marry under the Bharatiya Nyaya Sanhita.
Whether a conditional payment to the victim’s family can be imposed as a condition of bail.
Whether the consensual nature of the alleged physical relationship affects the bail decision.
Whether the joint statement by the parties constitutes a valid undertaking for the court.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5), 69

Subjects

bail
dowry harassment
Bharatiya Nyaya Sanhita
criminal procedure
marriage fraud
surety
conditional bail

Judgment

P.H. JAYANI                                              921 BA2302.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                BAIL APPLICATION NO. 2302 OF 2026

Gopichand Rangarao Kota @ Kota Gopi Chand                 …. Applicant
s/o. Kota Rangarao
      V/s.
The State of Maharashtra and anr.                       …Respondents


Mr. P.R. Moses for the applicant.
Mr. Vinod Chate, APP for the Respondent No.1 – State.
Mr. Vincent D’Silva i/b. Hovold D’Silva for Respondent No.2.


                            CORAM:        SHYAM C. CHANDAK, J.
                            DATED :       11th SEPTEMBER, 2026

P.C. :-

1.        Heard learned Counsel for the parties. Perused the record.

2.        The applicant seeks his release on bail in Cr.No.945/2025
registered with Kurar Village Police Station, Mumbai for the
offence punishable under Sections 69, 316(2), 318(4), 3(5) of
Bharatiya Nyaya Sanhita (“BNS”), 2023 on the Report dated
06.12.2025 filed by Glory Perumalla.

3.        The prosecution case is that, in the year 2022, the applicant
came in contact with the informant (‘the victim’) through a
community social platform as the informant was looking for a
suitable partner for marriage. It was followed by meetings between
the two, their families, fixing their marriage with each other and
the engagement ceremony. It is alleged that, on the same day, the
applicant established physical relationship with the victim on the
promise that they would get married. Thereafter, repeatedly,
money was demanded as dowry from the informant threatening

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P.H. JAYANI                                            921 BA2302.2026.DOC



him to call off the engagement. Despite repeated requests by the
informant, the applicant side kept evading to fix the wedding date.
Meanwhile, money and gold ornaments totalling to Rs.26 Lakhs
were given to the applicant’s side. However, he refused to marry.

4.       After hearing the learned Advocates for the parties with the
involvement of the father of the victim and, upon due deliberation,
the learned Advocates for the parties made a joint statement that
the applicant may be released on bail upon payment of Rs.10
Lakhs to the father of the victim in two instalment, i.e.,
Rs.5,00,000/- today, through banking transaction and Rs.5 Lakhs
within seven days from the date of applicant’s release from jail.
Said statement is accepted as an undertaking given to the Court.

         That apart, the physical relationship appears to be
consensual in nature. Considering the facts of the case, it appears
that, since the date of the marriage could not be fixed, therefore, a
dispute arose between the parties. Meanwhile, money, gold and
certain other valuable articles were exchanged as gift. Therefore, I
am inclined to release the applicant from jail. Hence, Order :-

         (i)    Applicant – Gopichand Rangarao Kota @ Kota Gopi
         Chand s/o. Kota Rangarao be released on bail in
         Cr.No.945/2025 registered with Kurar Village Police
         Station, Mumbai, on his executing a P.R. Bond in the sum of
         Rs.50,000/- with one or more sureties in the like amount.

         (ii)   The applicant shall regularly attend the proceedings
         before the jurisdictional Court.

         (iii) The applicant shall not tamper with the prosecution
         evidence and shall not directly or indirectly influence upon


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                      P.H. JAYANI                                             921 BA2302.2026.DOC



                               the prosecution witnesses to prevent them from deposing
                               against him.

                               (iv)   On being released from jail, the applicant shall
                               furnish his contact number and residential address to the
                               Investigating Officer and shall keep him updated, in case
                               there is any change.

                               (v)    Any observation made in the present Order are for the
                               purpose of deciding the present Bail Application and should
                               not influence the outcome of the trial and also not be taken
                               as an expression of opinion on merits of the case.

                      5.       At this stage, as requested by Mr. Moses, the applicant is
                      granted two weeks time to furnish the surety. Till then, the
                      applicant be released on bail on his executing a P.R. Bond in the
                      sum of Rs.50,000/- and depositing a sum of Rs.50,000/- in lieu of
                      furnishing the surety. On furnishing such surety/ies, the amount
                      of Rs.50,000/- deposited by the applicant shall be returned.

                      6.       It is made clear that the payment of the amount of
                      Rs.10,00,000/- as aforesaid, is without prejudice to the rights,
                      contentions and the defence to be raised by the parties in the case
                      before the trial Court or any proceedings arising out of the said
                      crime. Similarly, the said payment shall not be construed as an
                      admission of guilt or otherwise by the accused persons.

                      7.       Bail Application stands disposed of in above terms.



  PREETI
  HEERO                                                (SHYAM C. CHANDAK, J.)
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.16
17:04:04 +0530

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