905-ABA-555-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 555 OF 2026 Shivkanya Basavaraj Mathapati ...Applicant Versus. The State of Maharashtra And Ors. ...Respondents ----- Mr. Vinayak Belgaonkar i/b Prasad Kamthe, Advocate for the Applicant. Mr. N. B. Patil, APP for the Respondent – State. Mr. Sachin Bhavar, Advocate for the Respondent No. 3. HC Santosh Chavan, Mohol Police Station, is present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 23rd September, 2026. P.C. : 1. Heard, Mr. Vinayak Belgaonkar, learned Advocate for the Applicant, Mr. N. B. Patil, learned APP for the Respondent – State and Mr. Sachin Bhavar, learned Advocate for the Respondent No. 3. 2. At the outset, it is worth noting that the Applicant-Accused No. 2 (Shivkanya Basavaraj Mathapati) was earlier before this Court by way of Criminal Anticipatory Bail Application No. 511 of 2026, along with Accused No. 1 (Sneha Santosh Karajagi). Upon Respondent No. 3- Complainant (Geetanjali Abhay Kolekar) appearing and filing an Affidavit in reply dated 13.09.2026 in Criminal Anticipatory Bail Application No. 511 of 2026, along with documents, referring to the Arjun 1 905-ABA-555-2026.odt conduct of Accused No. 1, which placed before this Court an attempt by Accused No. 1 to involve the husband of Respondent No. 3 in a false case of molestation to pressurize Respondent No. 3 to withdraw Crime No. 654 of 2026, Accused No. 1 withdrew her request for Anticipatory Bail Application in Crime No. 654 of 2026. Accordingly, by accepting the request of Accused No. 1, vide order dated 15.09.2026, this Court dismissed the Anticipatory Bail Application No. 511 of 2026, in Crime No. 654 of 2026, filed by Accused No. 1. This Court granted the Applicant liberty to file a fresh Bail Application. The order dated 15.09.2026 passed in Anticipatory Bail Application in Crime No. 654 of 2026, is at Exhibit-C page Nos. 33 to 35 of the Application paper book. 3. The Applicant has now filed this Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before this Court, seeking pre-arrest bail, apprehending arrest in Crime No. 654 of 2026 registered with the Mohol Police Station for offences punishable under Sections 303(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 4. In brief, the prosecution case as stated in the FIR is that on 22.06.2026, Accused No. 1, a friend of Respondent No. 3, along with the Applicant, visited Mohol, District Solapur, to attend a marriage. As Arjun 2 905-ABA-555-2026.odt they could not return to their village, Respondent No. 3 asked them to stay overnight at her house. On the following day, i.e. 23.06.2026, Respondent No. 3 invited Accused No. 1 to her kitchen for tea. Thereafter, Accused No. 1 informed Respondent No. 3 that ants were biting her back and that she would go inside the bedroom to change her clothes. Accordingly, Accused went inside the bedroom carrying a black bag, returned to the kitchen after approximately ten minutes, stated that they were leaving, and thereafter left the house. On 29.06.2026, when Respondent No. 3 was preparing to perform a puja, she opened the cupboard to take out her jewellery and noticed it was missing. After searching the cupboard and the house with her husband, they could not find the jewellery. She suspected that both Accused had stolen the jewellery. The stolen jewellery, consisting of a gold necklace, neckpiece, rings, ear tops, gold beads and a nose ring, was valued at approximately Rs.8,40,000/-. Accordingly, Respondent No. 3 lodged the FIR against Accused No. 1 and the Applicant for committing theft of the said gold ornaments. 5. Mr. Vinayak Belgaonkar, learned Advocate for the Applicant, submits that it is unbelievable that the Respondent No. 3 could have kept gold, worth Rs. 8,40,000/-, unattended in the room where the acquaintance Accused No. 1 and the Applicant were permitted to stay Arjun 3 905-ABA-555-2026.odt for a day or two. He submits that the allegations against the Applicant are false. He submits that the Applicant is a 21-year-old student. He submits that as per the allegations of the Respondent No. 3, it is the Accused No. 1 who filed a complaint against the husband of the Respondent No. 3, alleging that a case of molestation would be filed against him if the Respondent No. 3 does not withdraw the Crime No. 654 of 2026. He thus submits that there may be an issue regarding the involvement of Accused No.1 in Crime No. 654 of 2026. He submits that the Applicant is neither a signatory to the complaint referred to by the Respondent No. 3 in her Affidavit in reply dated 13.09.2026 filed in Criminal Anticipatory Bail Application No. 511 of 2026 nor has the Applicant filed any complaint against the husband of the Respondent No. 3. He submits that the Applicant is ready to appear before the Investigating Officer and willing to cooperate in the investigation of Crime No. 654 of 2026. 6. Mr. N. B. Patil, learned APP for the Respondent – State, submits that the Applicant and Accused No. 1, who were occupying the room in the house of Respondent No. 3 where the gold was kept, are sufficient to cast suspicion that they took away the gold kept in the cupboard by Respondent No. 3. He submits that the matter requires investigation. Arjun 4 905-ABA-555-2026.odt 7. Mr. Sachin Bhavar, learned Advocate for Respondent No. 3, submits that Respondent No. 3 kept the gold ornaments in the cupboard in the room where the Applicant and Accused No. 1 were permitted to stay on 22.06.2026 to 23.06.2026. He submits that the Accused noticed where Respondent No. 3 kept the cupboard key, thereafter opened the cupboard, and stole the gold. He submits that upon realizing that the gold had been stolen, Respondent No. 3 contacted Accused No. 1 and confronted her. He submits that Respondent No. 3 received evasive answers from Accused No. 1 and therefore filed the complaint on 02.07.2026. He submits that the false complaint filed by Accused No. 1 against the husband of Respondent No. 3 after the registration of Crime No. 654 of 2026 indicates malafide intentions of Accused No. 1, clear involvement of Accused No. 1 in Crime No. 654 of 2026 and an attempt by Accused No. 1 to pressurize Respondent No. 3 not to pursue the complaint, which is the subject matter of Crime No. 654 of 2026. He submits that Accused No. 1 is absconding. 8. Perused the records with the assistance of the learned Advocates for the parties. 9. Perusal of the FIR indicates that the alleged incident is dated 23.06.2026. Respondent No. 3 claims to have realized that jewellery Arjun 5 905-ABA-555-2026.odt was missing on 29.06.2026. The FIR was filed on 02.07.2026. The reason for the delay in lodging the FIR, as advanced by Mr. Sachin Bhavar, learned Advocate for Respondent No. 3, does not appear convincing in relation to the allegation against the Applicant. 10. The Applicant, a 21-year-old girl studying at Smt. Veeramma Gangasiri College for Women, Kalaburagi, Karnataka, is alleged to have stolen the jewellery, which again, prima facie, appears doubtful. 11. Filing of the complaint by the Accused No. 1 against the husband of the Respondent No. 3, after the registration of Crime No. 654 of 2026, the motive and the reasons for filing the same, as contended by Mr. Sachin Bhavar, learned Advocate for Respondent No. 3 would have to be tested in the context of the case of Accused No.1. Incontestably, the Applicant was neither a party to the complaint filed by Accused No.1 nor has the Applicant made any allegations against the husband of the Respondent No.3. 12. In view of the above, considering the nature of the allegation against the Applicant, who is a student and a 21-year-old girl, custodial interrogation of the Applicant is not required in Crime No. 654 of 2026. 13. In view of the above, this Application is allowed on the following Arjun 6 905-ABA-555-2026.odt conditions :- (a) In the event of arrest of the Applicant in Crime No. 654 of 2026, registered with Mohol Police Station, the Applicant shall be released on bail upon furnishing a PR bond of Rs. 50,000/- with one or two sureties in the like amount, to the satisfaction of the Investigating Officer of Mohol Police Station. (b) Applicant shall appear and report to the Investigating Officer, Mohol Police Station, on 28th, 29th and 30th September, 2026, from 10:00 am to 12:00 noon and thereafter as and when required by the Investigating Officer in Crime No. 654 of 2026. The Applicant shall cooperate with the investigation in Crime No. 654 of 2026. (c) 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. Arjun 7 905-ABA-555-2026.odt (d) Applicant shall not tamper with evidence in any manner. (e) Applicant shall on 28th September, 2026 provide the Investigating Officer with her residential address along with proof, her contact number, email and must inform the Investigating Officer of any changes to this information from time to time. 14. It is clarified that the observations made in this case are prima facie and limited to the Applicant. The observations in this order shall not enure to the Accused No. 1 in Crime No. 654 of 2026. 15. Anticipatory Bail Application No. 555 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 8 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.24 14:33:16 +0530