Bombay High Court

ABA SAWALA VALKUNDEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The applicant, though a private middleman, is entitled to regular bail under Section 483 of the BNSS.

Summary

The applicant, a private individual accused as Accused No.1 in Crime No.411 of 2026, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for alleged offences under Sections 7, 7A and 12 of the Prevention of Corruption Act. The prosecution alleged that the applicant acted as a middleman, receiving Rs.5,50,000 as part of a bribe demanded by other accused to a Deputy Superintendent of Police, and was caught red‑handed during a raid. The defence argued that the applicant was not a public servant and merely facilitated the transaction, contending that custodial interrogation was unnecessary and that the applicant would cooperate with the trial. The court noted that the amount had been recovered, the applicant’s role was that of a middleman, and the investigation was complete, concluding that continued detention was unwarranted. Accordingly, the court granted regular bail with a bond of Rs.1,00,000 and imposed standard conditions, including reporting to the investigating officer and not tampering with evidence.

Issues considered

Whether a private person acting as a middleman in a corruption offence is entitled to regular bail under Section 483 of the BNSS.
Whether custodial interrogation of the applicant is warranted pending trial.
Whether the nature of the alleged offences justifies denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 121(1), 127(2), 132, 3(5), 351, 351(2), 352
Prevention of Corruption Act, 1988 — s. 12, 7, 7A

Subjects

regular bail
prevention of corruption
middleman
private person
Section 483 BNSS
criminal procedure
anti‑corruption

Judgment

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 926 OF 2026

Aba Sawala Valkunde …...Applicant
Versus.
The State Of Maharashtra And Anr. …...Respondents

-----

Ms. Manisha Devkar a/w Mr. Shankar Katkar and Ms. Tanaya Doke, for
Applicant.
Mr. Nitin B. Patil, A.P.P. for Respondent Nos.1 and 2 - State.
Dy. S. P., Mr. Prashant Chougule, ACB, Solapur, present.

Digitally
-------
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.10.08
19:13:07
+0530

CORAM : ASHWIN D. BHOBE, J.
DATE : 7th OCTOBER, 2026.
P.C.

1. Heard, Ms. Manisha Devkar, learned Advocate for the Applicant,

and Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos. 1 and 2 – State.

2. By this Application filed under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 ( “BNSS”), the Applicant seeks Regular

Bail in connection with Crime No. 411 of 2026 registered at Malshiras

Police Station, District Solapur, for offences punishable under Sections 7,

7A and 12 of the Prevention of Corruption Act, 1988.

Shantanu S. Dhudum
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3. Ms. Manisha Devkar, learned Advocate for the Applicant, states

that there are four (4) Accused in Crime No. 411 of 2026 and that the

Applicant is Accused No. 1.

4. In brief, the prosecution case is that Anil Shinde (Accused No. 3)

demanded Rs.25,00,000/- (Rupees Twenty-Five Lakhs) from Santoshkumar

Malve (Informant) for not registering Crime No. 564 of 2026 for offences

punishable under Sections 109(1), 132, 121(1), 127(2), 351, 351(2), 352

and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ( “BNS”) against the

Informant, Mahesh Khade and the parents of Mahesh Khade; for helping

them obtain Anticipatory Bail; and not adding offences under the PCPNDT

Act. Accused No. 3 demanded Rs.25,00,000/- for the Deputy

Superintendent of Police-Walke and Rs.5,00,000/- for himself through the

Applicant and Accused No. 2(Mahadev Mane).

5. On 20th August, 2026, Accused No. 3, accepted Rs.10,00,000/-

for the Deputy Superintendent of Police, through Rupali Fadtare, a Police

Officer and friend of Mahesh Khade and the Applicant, near the Primary

Health Centre near Siddhanath Mandir, Mhaswad. The Accused insisted on

payment of the remaining amount. Therefore, the Informant approached

the ACB, Solapur Office, with the complaint. On 28 th August, 2026, during

the raid conducted by the ACB Officers, the Applicant and Accused No. 2

were present. The Informant, handed over Rs. 5,50,000/- to the Applicant,

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who accepted the same with both hands. Accused No. 2 (Mahadev

Pandhari Mane), was present when the said amount was handed over.

6. The Applicant was arrested on 29th August, 2026. The Special

Judge, ACB, Malshiras (“Trial Court”), rejected Bail Application No. 264 of

2026, filed by the Applicant, on 10th September, 2026.

7. Ms. Manisha Devkar, learned Advocate for the Applicant, submits

that the Applicant is a private person. She submits that at most, the

allegations in the complaint suggest that the Applicant acted as a

middleman and not as the person who demanded the money or accepted

the bribe, within the meaning of the provisions of the Prevention of

Corruption Act, 1988. She submits that the recoveries have been made and

that the Applicant is presently in Magisterial Custody. She submits that if

released on bail, the Applicant shall regularly appear before the Trial Court

and face the trial.

8. Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos. 1 and 2 –

State, submits that the Applicant received the bribe amount which was

demanded by Accused Nos. 3 and 4, to be paid to the Deputy

Superintendent of Police. He submits that the Applicant was caught red-

handed at the spot while receiving Rs. 5,50,000/-. He submits that the

phone calls indicate the conversation between the Applicant and the

Informant.

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9. Perused the record.

10. The Applicant is not a Public Servant. From the allegations in the

FIR, it appears that the Applicant acted as a middleman to facilitate

transactions between the Public Servant-Accused Nos. 3 and 4 and the

Informant. The offences charged against the Applicant carry a maximum

punishment of seven years. The sum of Rs.5,50,000/- has been recovered.

The Applicant's voice sample has also been taken.

11. Accused No. 4 (Rahul Maruti Wagh), a public servant on whose

behalf the demand and illegal gratification were allegedly to be paid, was

granted pre-arrest bail by the Special Judge (ACB), Malshiras, on 22 nd

September, 2026, in Criminal Bail Application No. 270 of 2026. Ms.

Manisha Devkar, learned Advocate for the Applicant, has tendered a

photostat copy of the order dated 22 nd September, 2026, which is taken on

record and marked as “X” for identification.

12. Considering the nature of the allegations against the Applicant

and the completion of the investigation, custodial interrogation of the

Applicant, pending trial in Crime No. 411 of 2026, is not warranted.

13. In view of the above, this Application is allowed on the following

terms and conditions:

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ORDER

A. The Applicant - Mahadev Pandhari Mane, shall be

released on bail in Crime No.411 of 2026, registered at

Malshiras Police Station, District Solapur, on furnishing a

P.R. Bond in the sum of Rs.1,00,000/- (Rupees One Lakh

Only), with one or two sureties in the like amount, to

the satisfaction of the Special Judge, ACB, Malshiras.

B. The Applicant shall not, directly or indirectly, make any

inducement, threat or promise to any person acquainted

with the facts of the case to dissuade that person from

disclosing those facts to the Court or to any police

officer. The Applicant shall not tamper with the evidence

in any manner.

C. The Applicant shall attend and report to the

Investigating Officer, Malshiras Police Station, District

Solapur, on the second day of each month, till framing of

the charge in Crime No. 411 of 2026.

D. The Applicant shall not tamper with the evidence in any

manner.

E. The Applicant shall provide the Investigation Officer,

Malshiras Police Station, District Soalpur with his

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residential address along with proof, his contact

numbers and must inform the Investigating Officer of

any changes to this information from time to time.

F. The Applicant shall regularly appear before the Trial

Court in the proceedings, as and when the proceedings

in Crime No. 411 of 2026 commence.

G. In the event of any default in complying with the

conditions or misuse of the liberty granted to the

Applicants, the prosecution shall be at liberty to seek

cancellation of bail.

14. The observations made in the present order are meant for

the purpose of deciding the Bail Application and would not have any

impact or effect on the trial.

15. Criminal Bail Application No.926 of 2026 is disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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