(903) ABA-294.26.DOCX lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.294 OF 2026 Prakash Ashok Sonar & Anr. : Applicants. Versus. The State of Maharashtra and ors. : Respondents. ----- Mr. Saurabh P Tandale for the Applicants. Dr. A. A. Takalkar, APP for the Respondent Nos. 1 and 2 – State. Ms. Vijayalaxmi Kamat, Advocate Appointed for Respondent No.3. HC S. J. Mane, Mohol Police Station, Solapur Rural, present. ------- CORAM : ASHWIN D. BHOBE, J. DATED : 19 AUGUST 2026 PC:- 1. Heard Mr. Saurabh Tandale, learned Advocate for the Applicants, Dr. A. A. Takalkar, APP for the Respondent Nos.1 and 2 and Ms. Vijayalaxmi Kamat, learned Advocate Appointed to represent the Respondent No.3. 2. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS 2023”), the Applicants seek pre-arrest bail in connection with Crime No. 247 of 2024 registered at Mohol Police Station for offences punishable under Sections 354, 354(A), 354(B), 452, 323 and 506 read with Section 34 of the Indian Penal Code, and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”). 3. On 11 June 2026 the following was made :- 1 LAXMIKANT GOPAL CHANDAN Digitally signed by LAXMIKANT GOPAL CHANDAN Date: 2026.08.20 14:44:31 +0530 (903) ABA-294.26.DOCX “1. Heard learned counsel for the Applicants and learned APP for the Respondent - State. 2. Issue notice to the Respondents returnable on 25th June, 2026. Learned APP waives service of notice on behalf of the Respondent-State. 3. Learned APP is requested to direct the concerned police station officer to intimate the victim about the pendency of the present application and submit an acknowledgment thereof on the next date of hearing. 4. Learned counsel Mr. Saurabh Tandale for the Applicants submits that the Applicants have falsely implicated in the present crime due to civil disputes arising between the Applicants and the family of the Complainant. It is further submitted that, even, if the allegations are taken to be true, the allegations of sexual harassment is against the Akash Potdar, who is already arrested and released on bail, and a charge-sheet is filed against him. 5. A perusal of the charge-sheet would show the statement of Manisha Pandit and Priyanka Survase wherein they have clearly stated that the complaint was lodged falsely by the complainant only with an intention to settle the scores arising out of the personal dispute. 6. Thus, taking into consideration the aforesaid submissions and the statement of Manisha Pandit and Priyanka Survase, I am inclined to protect the Applicants till the investigation papers are received, the Complainant Respondent No.3 appears before this Court. Hence, the following order :- ORDER I. In the event of arrest of the Applicants - Prakash Ashok Sonar and Nitin Shivanand Potdar, they be released on bail on furnishing P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one or two solvent sureties in the like amouont, in connection with Crime No.247 of 2024 registered with Mohol Police Station, Solapur Rural, District: Solapur, for the offences punishable under Sections 354, 354A, 354B, 452, 323, 506 read with Section 34 of the Indian Penal Code, 1860 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, on the following conditions :- A) The Applicants shall attend the concerned police station and report to the Investigating Officer on every 2 (903) ABA-294.26.DOCX Friday and Saturday between 11:00 a.m. to 1:00 p.m. B) The Applicants shall co-operate with the investigation. C) The Applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner. D) The Applicants shall submit their Aadhar and PAN Cards copy to the Investigating Officer and detailed addresses and phone numbers of themselves and two of the near relatives. 7. Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the interim relief granted herein above. 8. The Investigating Officer shall make available the investigation papers on the next date of hearing. 9. Stand over to 25th June, 2026.” 4. Mr. Saurabh Tandale, learned Advocate for the Applicants, states that the Applicants have cooperated with the Investigating Officer and have appeared before the Investigating Officer as and when required. He further states that the Applicants have cooperated and shall continue to cooperate in the investigation of Crime No. 247 of 2024. 5. Dr. A. A. Takalkar, learned APP for the Respondent Nos. 1 and 2 – State, on the instructions from the Investigating Officer, submits that the Applicants have cooperated with the Investigating Officer in the investigation of Crime No.247 of 2024. 6. Ms. Vijayalaxmi Kamat, learned Advocate appointed to represent the Respondent No.3 (victim), submits that the offences committed by the Applicants are grave and serious and therefore no indulgence be shown to the Applicants. 3 (903) ABA-294.26.DOCX 7. Mr. Saurabh Tandale, learned Advocate for the Applicants, submits that the main accused, Akash Shivanand Potdar, against whom the allegations are that he sexually assaulted the Respondent No.3, has been released on bail by the Additional Sessions Judge, Solapur (“Sessions Court”), by order dated 06 July 2024 in Special Case No.170 of 2024. 8. In view of the statements made by Mr. Saurabh Tandale, learned Advocate for the Applicants and Dr. A. A. Takalkar, learned APP for the Respondent-State, to the extent that the Applicants have cooperated in the investigation of Crime No. 247 of 2024, I deem it proper to dispose of the present Anticipatory Bail Application by confirming the order dated 11 June 2026 passed by this Court and making it absolute. The conditions Nos. 6(I) (B), (C) and (D) shall continue to operate. Condition No. 6(I) (A) is modified to the limited extent stated herein below :- “(A) Applicants shall attend the concerned Police Station and report to the Investigating Officer on every 2nd and 4th Monday of the month commencing from 24 August 2026 between 11:00 a.m. to 1:00 p.m. till the filing of the charge-sheet in Special Case No.170 of 2024 pending before the Court of Special Judge, Solapur.” 9. Criminal Anticipatory Bail Application No.294 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) 4