934-ABA-531-2025 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 531 OF 2025 Digvijay Subhash More … Applicant Versus. The State of Maharashtra & Anr. … Respondents ----- Mr. Ranjit H. Patil i/b. Ms. Saili Dhuru for the Applicant. Mr. S.H. Yadav, A.P.P. for the Respondent No.1-State. Mr. Abid Mulani (Through V.C.) a/w. Ms. Supriya Koli & Ms. Bhagyashri Mangale for the Respondent No.2. Officer : PC/483 Mr. Somnath N. Gavade, Karmala Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 2nd September 2026. PER COURT : 1. Heard, Mr. Ranjit Patil, learned Advocate for the Applicant, Mr. Yadav, learned A.P.P. for the Respondent No.1-State and Mr. Mulani, learned Advocate for the Respondent No.2. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail, apprehending arrest in connection with Crime No. 37 of 2025, dated 20th osk 1 of 5 934-ABA-531-2025 (CR).docx January 2025, registered with Karmala Police Station, District Solapur Rural, for offences punishable under Sections 506, 504, 420, 409, 406 read with Section 34 of the Bharatiya Nyaya Sanhita, 2023. 3. Mr. Ranjit Patil, learned Advocate for the Applicant, submits that the subject matter of Crime No. 37 of 2025 is a transaction involving the supply of bananas between the Applicant and the Respondent No. 2. He submits that the Applicant and the Respondent No. 2 have been in this business for about 5 to 6 years. He submits that there is a dispute regarding payment for agricultural produce supplied by the Respondent No. 2 and purchased by the Applicant. He submits that this is a pure civil contractual dispute between the Applicant and the Respondent No. 2. He submits that the Respondent No. 2 has given a criminal flavour to a pure civil dispute. 4. Mr. Yadav, learned A.P.P. for the Respondent No.1-State, submits that the Respondent No.2 has claimed that despite having supplied bananas to the Applicant, the Applicant has not paid the entire amount and therefore the offences of cheating and criminal breach of trust are made out. 5. Mr. Abid Mulani, learned Advocate for the Respondent No.2, submits that the Applicant, despite having received the entire bananas as ordered, has failed and neglected to fulfil his obligation to pay the amount towards the bananas. He submits that the Applicant's act and conduct in receiving the osk 2 of 5 934-ABA-531-2025 (CR).docx bananas and not paying the same amount constitute cheating. 6. Mr. Abid Mulani further submits that the custodial interrogation of the Applicant is necessary to trace the money trail in respect of the bananas, which, according to Mr. Mulani, the Applicant has sold and received payment for. 7. Perused the record. 8. A perusal of the F.I.R. prima facie indicates that the subject matter of the F.I.R. is a contractual dispute regarding the purchase and sale of agricultural produce and a dispute over payments. Thus, the transaction referred to in Crime No. 37 of 2025 appears to be a pure civil transaction pertaining to the recovery of money due to Respondent No. 2. 9. Considering the above facts, custodial interrogation of the Applicant is not necessary. 10. At this stage, Mr. Abid Mulani, learned Advocate for the Respondent No.2, states that the Applicant has deposited Rs.2,78,000/- in this Court pursuant to the order dated 6th March 2025. He submits that this amount is part of the amount due and payable by the Applicant to Respondent No.2, therefore, Respondent No.2 is entitled to the same. He further states that the Applicant is liable to pay a total of Rs.7,28,000/. Mr. Mulani further states osk 3 of 5 934-ABA-531-2025 (CR).docx that the amount of Rs.2,78,000/- would be adjusted against the total dues payable by the Applicant and therefore seeks a direction for payment of the said amount to Respondent No.2. 11. Mr. Ranjit Patil, learned Advocate for the Applicant, on instructions, states that the amount of Rs.2,78,000/- deposited by the Applicant in the Registry of this Court be paid to Respondent No.2. Mr. Ranjit Patil gives his no-objection to the Applicant withdrawing the said amount deposited in this Court. 12. Mr. Chaudhari, learned A.P.P. for Respondent No.1-State, also does not oppose payment of Rs.2,78,000/- to Respondent No.2. 13. In view of the above, this Application is allowed in the following terms : (a) In the event of the arrest of the Applicant in Crime No. 37 of 2025, dated 20th January 2025, registered with Karmala Police Station, District Solapur Rural, the Applicant shall be released on bail upon furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only), with one or two sureties in the like amount to the satisfaction of the Investigation Officer, Karmala Police Station, District Solapur Rural. (b) The Applicant shall appear and report to the Investigating Officer, Karmala Police Station, District Solapur Rural, on 07/09/2026, 08/09/2026, 09/09/2026 & 10/09/2026, from osk 4 of 5 934-ABA-531-2025 (CR).docx 10:00 a.m. to 12:00 p.m. and thereafter as and when required by the Investigating Officer. Applicant shall cooperate in the investigation of Crime No. 37 of 2025. (c) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (d) The Applicant shall not tamper with evidence in any manner. (e) The Applicant shall provide the Investigating Officer with his residential address along with proof, his contact numbers, email and must inform the Investigating Officer of any changes to this information from time to time. (f) In view of the statement made by Mr. Ranjit Patil, learned Advocate for the Applicant, the amount of Rs.2,78,000/- deposited in this Court along with accrued interest, if any, be paid to the Respondent No.2, on an application and proof of identity of the Respondent No.2 being filed in the Registry. 14. Anticipatory Bail Application No. 531 of 2025 is disposed. [ ASHWIN D. BHOBE, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.03 20:58:55 +0530