SHANKAR YALLAPPA VARALEversusSTATE OF MAHARASHTRA AND ANR

Manoj                                                    22-BA-80-2026.doc


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

           CRIMINAL BAIL APPLICATION NO. 80 OF 2026

Mr. Shankar Yallappa Varale                        ...Applicant
      V/s.
The State of Maharashtra & Anr.                    ...Respondents

Adv. Prajakt M. Arjunwadkar a/w Adv. Prathamesh S. hande, Adv. Omkar
S. Shinde & Jai B. Gharat, for the Applicant.
Mr. S.V. Walve, APP for the Respondent No.1- State.
Adv. Padmasinh P. Patil, for the Respondent No.2.

                                CORAM : SHYAM C. CHANDAK, J.
                                DATED : 22nd JUNE, 2026
P.C. :-

.       Being denied bail by the Special Court, the Applicant seeks his
release on bail in connection with an FIR bearing C.R.No.459 of 2025
registered with Sewree Police Station, Mumbai under Sections 65 and 74 of
the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, 9 (m) and 12 of the
Protection of Children from Sexual Offences Act, 2012.

2.      Heard Mr. Arjunwadkar, learned Counsel for the Applicant,
Mr.Walve, learned APP for Respondent No.1-State and Mr. Patil, learned
Counsel for Respondent No.2. Perused the record.

3.      The prosecution case is that, on 18.10.2025, at about 1:00 p.m., when
the victim girl aged 7 years was playing near her house, the Applicant called
her, allegedly inserted his hand in her nicker and touched at the place of
her urination. The informant – mother of the victim filed a report on
20.10.2025. Consequently, aforesaid crime came to be registered. The
victim was referred for medical examination. The Applicant came to be
arrested. On completion of investigation, police submitted charge-sheet.


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4.      Mr. Arjunwadkar submitted that, there is no material on record
showing that the Applicant had subjected the victim to penetrative sexual
assault. Therefore, the offences of Section 65 (2) of the BNS and Section 4
and 6 of the POCSO Act are not attracted. The rest of the offences are not
punishable with life imprisonment. The Applicant is aged 70 years. He has
been in jail for last 8 months. Therefore, bail may be granted.

5.      In the opposition, Mr.Walve, learned APP has submitted that there
is a clear case of penetrative sexual assault against the Applicant.

6.      As stated in the report filed by the mother of the victim, the
Applicant had touched the genital of the victim. As per the history recorded
in the medical report, the Applicant had touched at the groin of the victim.
No fresh injuries were noticed on the body or at the genital of the victim.
The medical officer has only opined that “sexual assault cannot be ruled
out”. Therefore, whether the victim was subjected to rape and penetrative
or aggravated penetrative sexual assault is a question of trial. The alleged
offences under Section 74 of BNS and Sections 8 & 10 of the POCSO Act are
not punishable with more than seven years of imprisonment. The
Applicant is in jail since October, 2025. Further detention of the Applicant
in jail will not serve any purpose. The Applicant is aged 70 years. He must
be facing some old age related problems. The Applicant is not likely to
tamper with the prosecution evidence and abscond.

7.      In view thereof, the Applicant is entitled for bail. Hence, following
Order is passed:-

        (i)   Applicant – Mr. Shankar Yallappa Varale shall be released on
        bail in connection with FIR bearing C.R.No.459 of 2025 registered
        with Sewree Police Station, Mumbai for the offences punishable
        under Sections 65 and 74 of the Bharatiya Nyaya Sanhita, 2023 and
        Sections 4, 6, 8, 9(m) and 12 of the Protection of Children from


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        Sexual Offences Act, 2012, on his furnishing P.R. Bond in the sum of
        Rs.50,000/- with one or two sureties in the like amount.

        (ii)    The Applicant shall mark his attendance at Sewree Police
        Station, Mumbai on the 1st day of each calendar month between
        12:00 noon to 4:00 p.m., till the conclusion of the trial.

        (iii)   The Applicant shall regularly attend the proceedings before the
        jurisdictional Court unless exempted by the said Court, for the
        reasons to be recorded in writing.

        (iv)    The Applicant shall not tamper with the prosecution evidence
        and shall not directly or indirectly influence upon the prosecution
        witness to prevent them from deposing against him.

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

        (vi)    By way of abundant caution, it is clarified that the observations
        made hereinabove are confined for the purpose of determination to
        the entitlement for bail and they may not be construed as an
        expression of opinion on the guilt or otherwise of the Applicant and
        the trial Court shall not be influenced by any of the observations
        made hereinabove.

        (vii)   Application stands disposed off in the aforesaid terms.



                                          (SHYAM C. CHANDAK, J.)




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