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2025 DAILYLAW 77929 (BOM)

ONKAR PRIYADARSHAN KULKARNI v. STATE OF MAHARASHTRA

ABA/1637/2025 · 2025-10-16

Shri Madhav J Jamdar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

908-ABA-1637-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1637 OF 2025 Onkar Priyadarshan Kulkarni …Applicant Versus The State of Maharashtra …Respondent Mr. Ganesh Bhujbal i/b. Mr. Nagesh Y. Chavan, for the Applicant. Ms. S. M. Yadav, APP, for the Respondent-State. Ms. Sachi Sanghani, Amicus Curiea, for the Respondent No.2. Mr. Maruti Waghmare, PSI, attached to Ambegaon Police Station, Pune City, Pune, present. CORAM: MADHAV J. JAMDAR, J. DATED : 16th OCTOBER 2025 PC:- 1. Heard Mr. Bhujbal, learned Counsel appearing for the Applicants, Ms. Yadav, learned APP appearing for the Respondent- State and Ms. Sanghani, learned Counsel appointed to represent the interest of the Respondent No.2. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.971 of 2024 registered with Bharti Vidyapeeth Police Station, Pune City, Pune, for the offences Page 1 Sonali 908-ABA-1637-2025.DOC punishable under Sections 74, 75, 78 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case is set out in paragraph No.2 of the order dated 3rd April 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.1366 of 2025 filed by the present Applicant, by which the said application has been rejected. The said paragraph No.2, reads as under: “2] Victim ABC, the informant, lodged report with Ambegaon Police Station contending that she is having one daughter aged 19 yrs and a son aged 9 yrs. Her husband expired on 29/04/2024. Applicant was assisting her husband in his work of poojabath and other religious events hence since 7-8 years she know him. The informant and her daughter are having facebook account. Both of them are using said account. Applicant shared screenshot of obscene video on facebook messenger to the informant and thereby outraged her modesty. She was scared as she was alone in the home and did not reply him. Her daughter saw said screenshot and replied him ‘Nalayak’ ‘Bhikari kutrya’. Thereafter he made a video call, that time the informant saw face of the applicant and by disconnecting said video call she made a phone call to him and stated him whether he felt that she is helpless as she is residing alone and that she will lodge report with police about his dirty message. Upon that the applicant told her to go to police but prior to that give him sexual pleasure. Thereby he threatened her. He thereafter also repeatedly made Page 2 Sonali 908-ABA-1637-2025.DOC video call but she did not pick up. She approached to police and lodged report.” 4. It is the submission of Mr. Bhujbal, learned Counsel appearing for the Applicant that a learned Single Judge by order dated 18th June 2025 has granted interim protection to the Applicant. He submits that there is nothing on record to indicate that the Applicant has misused the said protection. He submits that the Applicant has co-operated with the investigation and he will co-operate with the further investigation. He states that the chargesheet is filed and therefore, the investigation is completed. 5. On the other hand, Ms. Yadav, learned APP appearing for the Respondent No.1-State and Ms. Sanghani, learned Counsel appointed to represent the interest of the Respondent No.2 strongly opposed the Anticipatory Bail Application. Both of them submitted that the allegations are very serious and therefore, the Anticipatory Bail Application be rejected. On instructions, Ms. Yadav, learned APP states that the chargesheet is alredy filed. Page 3 Sonali 908-ABA-1637-2025.DOC 6. As the chargesheet is filed, the investigation is completed. A learned Single Judge by order dated 18th June 2025 has already granted interim protection to the Applicant. 7. However, it is required to be noted that the allegations against the Applicant are very serious. Although the pre-arrest bail can be granted to the Applicant, however, stringent conditions are required to be imposed on the Applicant. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Onkar Priyadarshan Kulkarni in connection with C.R. No.971 of 2024 registered with the Bharti Vidyapeeth Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 01:00 p.m. till filing of the chargesheet and shall cooperate Page 4 Sonali 908-ABA-1637-2025.DOC with the investigation. In addition, the Applicant shall attend the concerned Police Station as and when called. (c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (f) The Applicant shall not leave India without prior permission of the Court. 8. The Anticipatory Bail Application is disposed of accordingly. Page 5 Sonali 908-ABA-1637-2025.DOC 9. This Court places on record the appreciation of assistance rendered by Ms. Sachi Sanghani, learned Counsel appointed to represent the interest of the Respondent No.2. 10. The High Court Legal Services Committee, Mumbai is requested to pay the professional charges of the Respondent No.2 as per the rules. [MADHAV J. JAMDAR, J.] Page 6 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2025.10.18 11:57:03 +0530