913-ABA-2493-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2493 OF 2026 Sarthak S/o. Lakshman Deshmukhe …Applicant Versus The State of Maharashtra & Anr. …Respondents Mr. Shailesh S. Kharat, for the Applicant. Mr. S. V. Walve, APP, for Respondent No.1-State. Ms. Rutuja Gaonkar i/b. Mr. Irfan Unwala, for Respondent No.2- Complainant. Ms. Archana Gadhave, API, attached to Hadapsar Police Station, Pune, present. CORAM: MADHAV J. JAMDAR, J. DATED : 22nd SEPTEMBER 2026 PC:- 1. Heard Mr. Kharat, learned Counsel appearing for the Applicant, Mr. Walve, learned APP appearing for Respondent No.1- State and Ms. Gaonkar, learned Counsel appearing for Respondent No.2. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail in connection with C.R. No.436 of 2026 registered with Hadapsar Police Station, Pune City, Pune, for the offences punishable under Page 1 Sonali 913-ABA-2493-2026.DOC Sections 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”). 3. The prosecution case is set out in paragraph No.2 of the order dated 1st August 2026, passed by the learned Special Judge, POCSO, Pune, in Criminal Bail Application No.3675 of 2026, which reads as under: “2] The prosecution's case in short, is as under :- complainant is the mother of the victim girl age of 16 years. She filed complaint in Hadapsar Police Station alleging that her daughter (victim) on 24/07/2026 went in Tupe Sadhana Vidhyalay for examination. At about 5.00 p.m. she return to home she was crying. On inquiry she disclose that before 5 months back she went to the house of her friend at Gondale nagar there she acquainted with the applicant as he was the friend of her friend. She further told that one day she and her friend were roaming in. the garden. At that time applicant came there and demanded her mobile number. She refused it after some days she has given her mobile number. They frequently talked on mobile phone. She further told that in the month of January, 2026 applicant called her for party in his house. When she went nobody was present there. On inquiry applicant told her other friends were went in market for bringing the party articles. She told that applicant took her in the bedroom and come to close her. When she obstructed he did forceful penetrative sexual assault on her. He also gave threat to her saying Page 2 Sonali 913-ABA-2493-2026.DOC that if she disclose the incident he will kill their parents. She told that after the she stopped to talk with the applicant. She told on one day applicant came her house. At that time nobody was present by taking disadvantage applicant did penetrative sexual assault on her. After hearing the incident from the victim complainant went in Hadapsar police station and filed complaint against the applicant. On the basis of allegation, offence is registered with Hadapsar police station. Hadapsar police registered C.R. No.436/2026.” 4. Perusal of the Anticipatory Bail Application, the documents annexed thereto, and the chats between the Applicant and the victim, shows that both are residing in the same vicinity and have several common friends. It further appears that the friendship between the Applicant and the victim was opposed by victim’s family members. 5. Learned Counsel appearing for the First Informant, i.e. the mother of the victim, states that the First Informant has no objection to the grant of anticipatory bail to the Applicant. 6. The Applicant is a student. It is contended that no offence has been committed and the relationship if any, between the Applicant and the victim was consensual in nature. At the relevant Page 3 Sonali 913-ABA-2493-2026.DOC time, the victim was 16 years old and was capable of understanding the consequences of her actions. 7. Accordingly, the case is made out for grant of Anticipatory Bail by imposing certain conditions. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Sarthak S/o. Lakshman Deshmukhe in connection with C.R. No.436 of 2026 registered with the Hadapsar Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.10,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station as and when called by the Investigating Officer. (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. Page 4 Sonali 913-ABA-2493-2026.DOC (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. 8. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 5 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.23 10:48:02 +0530