1/8 29-ABA-2914-2023 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 2914 OF 2023 1. Dipak Akaram Ghadage 2. Viru Deepak Ghadage …...Applicants VERSUS. State Of Maharashtra And Anr. …...Respondents ----- Mr. Somnath Thengal i/b Mr. Dilip Shinde, for Applicants. Dr. Ashvini A. Takalkar, APP, for Respondent No.1 - State. Mr. Ranjeet H. Patil i/b Adv. Saili Dhuru, for Respondent No.2. PSI, Mr. Kakde, H.C., Mr. N. B. Yadav, Kundal Police Station, present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 21st SEPTEMBER, 2026. P.C. 1. At the request of Mr. Somnath Thengal, learned Advocate for the Applicants and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 – State, Anticipatory Bail Application No.2914 of 2023 is de-tagged from Anticipatory Bail Application No.2313 of 2023. 2. Heard, Mr. Somnath Thengal, learned Advocate for the Applicants, Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 – State and Mr. Ranjeet H. Patil, learned Advocate for Respondent No.2. Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.22 12:47:13 +0530 2/8 29-ABA-2914-2023 (CR).DOC 3. On 23rd October 2023, the following order was passed: “1. Heard the learned counsel for the applicants and the learned APP for the State. 2. This application is preferred seeking pre-arrest bail in connection with C.R. No.81 of 2023 registered at Kundal police station for the offences punishable under sections 376(2)(n), 376(2)(f) and 504 of Indian penal Code, 1860. 3. By an order dated 18th August, 2023 in ABA No. 2313 of 2023 this Court was persuaded to grant interim protection to the co- accused. The observations in paragraph Nos. 2 to 4 are as under:- 2] Ordinarily considering the nature of allegations, this Court would not have entertained application under Section 438 of Cr.P.C. However, facts of this case create exceptions to the General Rule. The facts which are peculiar in the present case are as under: i. Registration of First Information Report by father- in- law against the victim which resulted into her arrest and release on bail in the month of December 2022 ii. The first alleged incident is of 9th January 2023 against the father-in-law. iii. The second alleged incident is of 15th January 2023 against the brother-in-law. iv. The third alleged incident is of 4th April 2023 against the cousin father-in-law. v. The forth incident against cousin brother-in-law alleged to have occurred on 6th April 2023. 3] The report has been lodged on 14 July 2023. Shantanu S. Dhudum 3/8 29-ABA-2914-2023 (CR).DOC 4. At this stage, prima facie, it is inconceivable that the incident alleged against the person who was responsible for sending the victim in jail would not be reported for the period of six months. The applicants have, therefore, made out a case for grant of interim relief. Hence, following order: a) In the event of arrest of the applicants in connection with C.R.No.81 of 2023 registered with Kundal police station, Sangli for offences punishable under Sections 376(2) (n), 376(2)(f), 504 r/w 34 of IPC, they be released on interim bail on furnishing P.R. bond of Rs.15,000/- each, along with one or two sureties in the like amount. b) The applicants shall remain present before the concerned police station on 21st, 23rd and 25th August, 2023 between 11:00 am to 2:00 pm and thereafter, as and when called by the investigating officer. c) The applicants shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. d) The applicants shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. e) The applicants shall, at the time of execution of the bond, furnish their addresses and mobile numbers to the investigating officer, and the Court concerned, and shall not change the residence till the final disposal of the case. 4. The aforesaid reasons govern the case of the applicants with equal force. Shantanu S. Dhudum 4/8 29-ABA-2914-2023 (CR).DOC 5. The learned APP submitted that another crime being C.R. No. 138 of 2023 has been registered against the applicants for the offences punishable under sections 364-A, 354, 143, 147, 149, 323, 504 and 506 of Indian Penal Code, 1860 and sections 8 and 10 of the Protection of Children from Sexual Offences Act, 2012. 6. The learned counsel for the first informant submitted that the applicants and the co-accsued in ABA No. 2313 of 2023 had kidnapped the minor children of the first informant while the co- accused were on interim bail. It was submitted that the applicants therefore do not deserve the exercise of the discretion. 7. Indeed crimes have been registered against the applicants. However, there is a counter version. The genesis of the dispute leading to the instant first information report prima facie appears to be in the death of the husband of the first informant. In that connection the first informant and her brother were arraigned and have since been released on bail. Thereafter, it seems, a number of first information reports have been registered from both the sides against the members of the adverse party. In the first information report No. 138 of 2023 the first informant adverts to the fact that since a couple of months there have been disputes between the family members of the informant and her in laws and a number of first information reports have been registered. 8. In the aforesaid backdrop, on parity, I am inclined to grant interim protection to the applicants. 9. In the event of arrest in C.R. No. 81 of 2023 registered with Kundal police station, the applicants be released on bail on furnishing a P.R. bond in the sum of Rs.30,000/- with one or two sureties in the like amount, each. 10. The applicants shall cooperate with the investigation and attend Kundal police station, on 30th, 31st October, 2023 and 1st November, 2023 in between 10 am to 1 pm till the next date. Shantanu S. Dhudum 5/8 29-ABA-2914-2023 (CR).DOC 11. The applicants shall not enter the limits of Miraj Taluka for a period of six months. 12. The applicants shall not contact the first informant and/or her children, tamper with the prosecution evidence and give threat or inducement to first informant, any of the prosecution witnesses or any person acquainted with the facts of the case. Stand over to 30th November, 2023.” 4. Mr. Somnath Thengal, learned Advocate for the Applicants, states that Applicant No.1 (Dipak Akaram Ghadage) has appeared before the Investigating Officer and has cooperated with the investigation in Crime No. 81 of 2023. He submits that the Applicant shall continue to cooperate with the Investigating Officer and appear before the Investigating Officer and the Court, as and when required. 5. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 – State, on instructions from the Investigating Officer, submits that Applicant No.1 (Dipak Akaram Ghadage) has cooperated with the investigation, as a result of which, the investigation in Crime No. 81 of 2023, as far as Applicant No.1 (Dipak Akaram Ghadage) is concerned, is complete. She states that the charge-sheet is ready for filing. She further states that the charge-sheet would be filed on 28th September 2026 before the Court of the Additional Sessions Judge, Vita. She submits that the Investigating Officer requires the presence of Applicant No.1 (Dipak Akaram Ghadage) on the date of filing of the charge-sheet before the Court of the Additional Sessions Judge, Vita. Shantanu S. Dhudum 6/8 29-ABA-2914-2023 (CR).DOC 6. Mr. Somnath Thengal, learned Advocate for the Applicants, on instructions from Applicant No.1 (Dipak Akaram Ghadage), states that Applicant No.1 (Dipak Akaram Ghadage) shall appear before the Court of the Additional Sessions Judge, Vita, as and when the charge-sheet is filed. 7. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 – State, submits that, in view of the statement made by Advocate Mr. Somnath Thengal, on instructions from Applicant No.1 (Dipak Akaram Ghadage) to remain present before the Court of the Additional Sessions Judge, Vita, the custodial interrogation of Applicant No.1 in Crime No. 81 of 2023 is not required. 8. With reference to Applicant No.2 (Viru Deepak Ghadage), Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 – State, on instructions, states that despite the interim bail granted on 23rd October 2023, Applicant No.2 has neither appeared before the Investigating Officer nor cooperated with the investigation in Crime No. 81 of 2023. She submits that despite the directions contained in paragraph No.10 of the order dated 23rd October 2023, Applicant No.2 (Viru Deepak Ghadage) has violated the same, as such, the investigation against Applicant No.2 (Viru Deepak Ghadage) in Crime No. 81 of 2023 is pending and has not proceeded further. She therefore opposes this application in relation to Applicant No.2 (Viru Deepak Ghadage). Shantanu S. Dhudum 7/8 29-ABA-2914-2023 (CR).DOC 9. Mr. Somnath Thengal, learned Advocate for the Applicants, submits that Applicant No.2 (Viru Deepak Ghadage) has not contacted his / the Office of the Advocate on record since the grant of ad-interim bail on 23rd October 2023. He further submits that all his efforts to contact Applicant No.2 (Viru Deepak Ghadage) have been futile. He submits that the whereabouts of Applicant No.2 (Viru Deepak Ghadage) are unknown. In view of the statement made by Mr. Somnath Thengal, learned Advocate for the Applicants, Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 – State, submits that the interim bail granted to Applicant No.2 (Viru Deepak Ghadage) be set aside and this Application be dismissed. 10. In view of the above, the order dated 23rd October 2023 passed in Anticipatory Bail Application No. 2914 of 2023, insofar as Applicant No. 1 (Dipak Akaram Ghadage) is concerned, is hereby confirmed and made absolute in terms of paragraphs 8, 9, 10, 11 and 12, with the following additional condition: (A) Applicant No.1 (Dipak Akaram Ghadage) shall appear before the Court of the Additional Sessions Judge, Vita, on 28th September 2026 at 10:30 a.m. for receiving a copy of the charge-sheet in Crime No. 81 of 2023. 11. The Anticipatory Bail Application No.2914 of 2023, insofar as Applicant No.2 (Viru Deepak Ghadage) is concerned, is rejected for non- compliance with the conditions imposed in the ad-interim bail granted on Shantanu S. Dhudum 8/8 29-ABA-2914-2023 (CR).DOC 23rd October 2023, particularly condition No.10 and for his non- cooperation in the investigation of Crime No.81 of 2023. It is clarified that the order dated 23rd October 2023 passed in this Application in favour of Applicant No.2 (Viru Deepak Ghadage) stands vacated and this Application is rejected. 12. Criminal Anticipatory Bail Application No.2914 is disposed of in the above terms. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum