Bombay High Court
SHUSHMA PARMANAND KATLAversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Anticipatory bail is granted as the allegations arise from a family dispute, the applicant has no prior criminal record, and the interim protection order is confirmed subject to police attendance.
Summary
The appellant, Tirumalesh Mallesham Katla, sought anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita in connection with FIR No. 340 of 2026 alleging offences under Sections 316(2), 318(4), 336(2), 336(3), 340(2) and 351(2) of the Bhartiya Nyaya Sanhita. The FIR was based on a complaint by his sister‑in‑law, Sushma Parmanand Katla, accusing him of surrendering two LIC policies without authority and forging her signature. The appellant contended that the policies were surrendered with the complainant’s consent, the proceeds were credited to her account, and there was no wrongful gain, arguing that the case stemmed from a family dispute and a gift deed involving his father. The State opposed bail, asserting forgery and misuse of trust, and sought custodial interrogation to obtain documents. The Court, noting the absence of prior criminal antecedents, the filing of a charge‑sheet, and the earlier interim protection order dated 11 June 2026, confirmed the interim protection and granted anticipatory bail subject to the condition that the appellant attend the police station when required.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482 of the BNSS in a case involving alleged forgery and cheating?
- Whether the existence of a family dispute and the surrender of LIC policy proceeds to the complainant’s account negate the elements of cheating and forgery under the BNS.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(2), 336(3), 340(2), 351(2)
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- forgery
- cheating
- family dispute
- interim protection order
- Bhartiya Nyaya Sanhita
Judgment
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vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL ANTICIPATORY BAIL APPLICATION NO.1490 OF 2026
Digitally signed
by VASANT
Tirumalesh Mallesham Katla ...Applicant
ANANDRAO V/s.
IDHOL
Date: State of Maharashtra ...Respondent
2026.09.17
19:09:30 +0530
WITH
INTERIM APPLICATION NO.1882 OF 2026
IN
ANTICIPATORY BAIL APPLICATION NO.1490 OF 2026
Mrs.Shshma Parmanand Katla ...Applicant
IN THE MATTER BETWEEN :
Tirumalesh Mallesham Katla ...Applicant
V/s.
State of Maharashtra ...Respondent
Mr.D.D. Suryawanshi for the Applicant in ABA No.1490 of 2026.
Dr.Ramdas Sabban with Mr.Shrikant Kolnpelli and Mr.Rohit Chitiken
for the Intervenor.
Mr.Bapu V. Holambe Patil, APP for the Respondent – State.
MsMr.Kolhe, API, Bhiwandi City Police Station is present in
Court
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 17TH SEPTEMBER, 2026.
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P.C. :-
INTERIM APPLICATION NO.1882 OF 2026
1. This is an application for intervention filed on behalf of the
complainant. Learned counsel for original applicant / accused has no
objection for this intervention application.
2. Considering the contentions of the applicant and the
submissions advanced, application is allowed and disposed of.
ANTICIPATORY BAIL APPLICATION NO.1490 OF 2026
1. Heard learned counsel for applicant as well as learned APP
for respondent and learned counsel for intervenor.
2. The applicant is apprehending arrest in Crime No. 340 of
2026 dated 25.05.2026, registered with Bhiwandi City Police Station,
Dist. Thane, for the offence punishable under Sections 316(2), 318(4),
336(2), 336(3), 340(2) and 351(2) of Bhartiya Nyaya Sanhita, 2023
(for short, “BNS”).
3. The applicant has filed instant application under Section
482 of Bhartiya Nagrik Suraksha Sanhita, 2023 (for short,“BNSS”).
4. The FIR is registered on the basis of the report lodged by
Sau. Sushma Parmanand Katla, who is wife of petitioner’s younger
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brother alleging that the applicant has surrendered two LIC Policies of
the complainant without authority and by forging his signatures.
5. Learned counsel for applicant submits that the complainant
was residing at Zimbabwe along with her husband and the Applicant
was the person who was dealing with all the transactions with respect
to the LIC policies of the complainant. He states that even though the
complainant has alleged that the LIC policies were surrendered by this
Applicant without authority of the complainant in the year 2025, the
amount was actually credited to the account of the complainant and
as such there is no wrongful gain to the applicant. It is also submitted
that the allegations are leveled against this Applicant and offence is
registered only because of an independent Gift Deed executed by
Applicant’s father in his favour with respect to the house property. It is
submitted the Applicant has acted on the Authority of the complainant
as regards the surrender of the LIC policies and hence there is no
question of cheating.
6. Learned counsel for applicant submits that charge-sheet is
already filed. He also states that by an order dated 11 th June, 206, this
Court has already granted interim protection and accordingly the
applicant has attended the Police Station on the dates, as directed. He
therefore, prays for confirmation of the interim protection.
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7. The application is opposed by learned APP as well as
learned counsel for intervenor by submitting that there are allegations
about forgery of signature of the complainant on the basis of which
LIC policies were surrendered in the year 2025. It it therefore,
submitted that in view of the fact that the complainant was residing at
Zimbabwe and the applicant has misused the trust and authority, the
involvement of the applicant in the offence is clear. It is therefore
submitted that his custodial interrogation is necessary for obtaining
relevant documents. However, there is no dispute about the
contentions that the applicant has attended the Police Station in
accordance with the interim protection order.
8. Perused the FIR and the documents placed on record.
Prima-facie it appears that the allegations about surrender of the LIC
policies are with respect to LIC policies which are surrendered in the
year 2025. It is not disputed by learned counsel for complainant that
after surrender of policies, the amount was received in the account of
the complainant. Considering the nature of allegations, it appears that
the offence is registered in the background of certain family disputes
in between the complainant and the applicant. Considering the fact
that the charge-sheet is already filed and since there are no criminal
antecedents against this applicant, interim protection granted by this
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Court by an order dated 11th June, 2026 needs to be confirmed.
Custody of the applicant cannot be insisted for the purpose of
collecting any documents. Accordingly interim protection granted by
an order dated 11th June, 2026 passed by this court is confirmed
subject to the condition that the applicant shall attend the Police
Station as and when called upon.
9. The Anticipatory Bail Application is allowed and disposed
of.
(PRAFULLA S. KHUBALKAR, J.)
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