SHIVAJI YASHWANT KADAMversusTHE STATE OF MAHARASHTRA AND ORS.

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION

       CRIMINAL BAIL APPLICATION NO. 246 OF 2026

              SHIVAJI YASHWANT KADAM
                     VERSUS
     THE STATE OF MAHARASHTRA AND OTHERS
                          …
      Advocate for Applicant : Mr. Shailesh Chavan a/w
      Mr. Amarsinh Katkar a/w Mr. Sujit Nikam

      APP for Respondents/State : Mr. Nitin B. Patil

Advocate for Respondent No.3 : Mr. Preetam Raje (Appointed)
                         …
                         CORAM : MEHROZ K. PATHAN, J.
                           DATE : 17th JUNE 2026

PER COURT :
1.       Heard the learned Counsel for the Applicant, the learned
Counsel for Respondent No.3 and the learned APP for the State.


2.       The Applicant has approached this Court, seeking regular
bail in connection with Crime No.113/2025 registered with Satara
City Police Station, District Satara for the offences punishable under
Sections 64, 351(2), 65(2) of the Bharatiya Nyaya Sanhita, 2023 and
under Sections 4, 6, 8 and 12 of the Protection of Children from
Sexual Offences (POCSO) Act, 2012.


3.       The case of the prosecution is that the Informant is the
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mother of the victim. On 03.02.2025 she received phone call of the
class teacher of the victim, who called the informant in the school.
When informant along with her husband went in the school, the class
teacher of the victim disclosed to her that three chits having obscene
contents were found in the pouch of the victim. When the informant
went through the contents, she inquired with the victim about it and
then victim disclosed to her that since October 2024 to 26.12.2024,
accused called the victim in his house, touched her private part and
repeatedly caused sexual assault on her and during the said act, he
also snapped photos and videos of the victim. Hence, the FIR was
lodged.


4.        The learned Counsel for the Applicant submits that the
Applicant has been falsely implicated in the present crime. The
Applicant has been added as an accused solely on the basis of certain
chits found in the purse belonging to the victim girl. Apart from this,
there is no evidence to connect the Applicant with the alleged
offence. The Applicant, aged 63 years, has been in custody since
04.02.2025. The trial has not yet commenced, and several witnesses
are yet to be examined.
.         The learned Counsel further submits that the observations
of the Medical Officer, while conducting the medical examination of
the victim girl, indicate that evidence of penetrative sexual
intercourse cannot be confirmed. However, the final opinion has been
reserved pending receipt of the FSL report, which is yet to be
obtained. It is further submitted that the trial will take considerable
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time to conclude. Hence the Applicant may be protected.


5.       As against this, the learned APP as well as the learned
appointed Counsel for Respondent No.3 strongly oppose the
application on the ground that the Applicant is involved in the
serious offence of committing sexual intercourse upon the minor
victim girl, aged ten years. The name of the Applicant was revealed
from the chits found in the purse of the victim girl within the school
premises. The concerned teacher, who had discovered the said purse,
attempted to verify its ownership and, upon doing so, found the chits
inside. The purse also bore the name of the minor victim girl. The
purse, along with the chits, was then handed over to the class teacher
of the victim girl. The class teacher called upon the mother of the
victim girl and informed her about the chits. The chits contained
vulgar messages addressed to the victim girl. The statement of the
victim girl has been recorded under Section 164 Cr.P.C., wherein she
reiterated the allegations made in the FIR lodged by her mother. The
statement clearly indicates that the Applicant committed penetrative
sexual assault upon the minor victim girl. The statements of the
victim girl’s classmates, who are also minors, have been recorded.
The statement of the teacher who found the chits has likewise been
recorded, corroborating the allegations in the FIR. The medical
examination of the victim girl further substantiates the allegations, as
the hymen of the ten-year-old girl was found to be ruptured. The
offence is grave in nature. There is every likelihood that if released
on bail, the Applicant may again indulge in similar offences and may
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also threaten the victim girl, thereby causing prejudice to the
prosecution case. Hence this is not a fit case to release the Applicant
on bail.


6.          I have gone through the investigation papers which have
culminated in the filing of the charge-sheet. The charge-sheet
contains the medical examination report of the victim girl. The
medical examination shows that the hymen of the ten-year-old victim
was found to be ruptured. The investigation papers also contain the
statement of the minor victim girl, wherein she has directly alleged
that the Applicant committed penetrative sexual assault upon her.
There are further allegations that the Applicant took photographs
and videos of the victim girl and blackmailed her. The statements of
other students studying with the victim girl have also been recorded
under Section 183 of the Bharatiya Nyaya Sanhita (BNS),
corroborating     the   allegations.   The   teachers   have       likewise
substantiated the allegations made in the FIR regarding the seizure of
the chits. The chits found in the possession of the victim girl were
seized and sent to the forensic handwriting expert for obtaining a
report. Thus, there is ample evidence connecting the Applicant with
the present crime. The Applicant is alleged to have committed
penetrative sexual assault punishable under Section 6 of the POCSO
Act. The offence is grave in nature and is punishable with life
imprisonment, which shall mean imprisonment for the remainder of
the life.
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7.        The Hon’ble Supreme Court in the case of Sheikh Mehmood
Vs. Union Territory of Jammu and Kashmir 2026 INSC 611, has held
that the plea of long incarceration does not by itself constitute an
absolute ground for granting relief to an accused charged with
heinous offences. The Hon’ble Supreme Court was pleased to observe
as under :
     31. Evidence on record before the Sessions Court till now has
     been noticed by us. “Bail is the rule and jail is an exception”,
     although is a cardinal principle of bail jurisprudence in India, it
     is not an absolute rule. The rule is sort of a guiding principle
     that should be kept in mind along with the facts of each case
     and statutory restrictions, if any, while considering a prayer for
     bail. In relation to offences such as the one under consideration,
     murder and conspiracy are serious offences. Section 437(1) of
     the CrPC bars grant of bail if reasonable grounds exist that the
     accused has committed an offence which is punishable with
     either death or life imprisonment. The cardinal rule has to be
     balanced with factors like prima facie case, gravity of offence,
     nature of evidence, antecedents, differentiation of roles, parity,
     delay in conclusion of trial, age of the accused, medical grounds,
     etc. However, bail could be declined if the offence is heinous and
     premeditated, there is grave apprehension of the witnesses
     being influenced or the evidence being tampered, a possibility of
     the accused absconding should he be granted bail and thereby
     evading trial, etc.


8.        The FIR shows that there are allegations against the
Applicant of writing chits to the minor victim girl and demanding
that she arrange for some more girls if she is not ready to indulge in
sexual favours with the Applicant. Taking into consideration the
gravity of the allegations and the evidence collected by the
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prosecution in the form of medical examination report corroborating
allegations of penetrative sexual assault and statements of minor
victim girl and other minor girls which corroborate the allegations
and the likelihood that the Applicant may indulge in identical
conduct, thereby causing a threat to the minor victim girls in society,
I am not inclined to entertain the present application. The application
is therefore rejected.


9.         The fees of the learned appointed Counsel shall be
quantified at Rs. 10,000/- to be paid by the High Court Legal Aid
Sub-Committee.



                                           MEHROZ K. PATHAN
                                               JUDGE




NAJEEB..