21-ABA-246-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 246 OF 2026 Ashwini Prasad Dharmadhikari … Applicant Versus. The State of Maharashtra And Anr. … Respondents ----- Mr. Kuldeep Nikam, for the Applicant. Mr. S. H. Yadav, APP for the Respondent – State. Mr. Dattatray Solankar, for the Intervenor. PSI Abhijit Bhor, Juna Rajwada Police Station, Kolhapur, is present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 19th August, 2026. P.C. : 1. Advocate Mr. Dattatray Solankar, appears and states that he has instructions to appear on behalf of the Complainant / Informant and to file an Intervention Application. Considering that the request made by Mr. Dattatray Solankar is on behalf of the Complainant / Informant to intervene, I deem it fit and proper to allow the Complainant / Informant to intervene in this Application. 2. Mr. S. H. Yadav, learned APP for the Respondent – State, submits that the presence of the Intervenor in this Application would be necessary. Arjun 1 21-ABA-246-2026.doc 3. In view of the above, Mr. Kuldeep Nikam, learned Advocate for the Applicant, is directed to add the Informant/Complainant as an Intervenor to this Application. Mr. Kuldeep Nikam, learned Advocate for the Applicant, requests permission to carry out the amendment to add the Complainant/Informant as an Intervenor in this Application, forthwith. Permission granted. The amendment be carried out forthwith. 4. Heard Mr. Kuldeep Nikam, learned Advocate for the Applicant, Mr. S. H. Yadav, learned APP for the Respondent-State and Mr. Dattatray Solankar, learned Advocate for the Intervenor. 5. On 04.05.2026 the following order was passed :- 1. The Applicant is apprehending arrest in connection with Crime No. 518 of 2025, registered with Juna Rajwada Police Station, District Kolhapur, for offences punishable under Sections 316(2), 316(5), 318(4), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, as well as under Sections 3 and 4 of the (In Financial Maharashtra Protection of Interest of Depositors Establishments) Act, 1999. 2. Issue notice to the non-applicant, returnable on 10.06.2026. 3. Shri Yadav, learned APP, waives service of notice on behalf of the non-applicant and seeks time to file a reply. 4. The FIR mentions that informant-Vijay Pol, a resident of Kolhapur, resides along with his brothers, namely Chandrakant Pol and Ramesh Pol. It is alleged that, the informant and his brothers came in contact with the present Applicant and her husband, Prasad Dharmadhikari through an Arjun 2 21-ABA-246-2026.doc acquaintance. It is further alleged that the Applicant and her husband mis-represented to the informant and his brothers that they were engaged in share market and commodity trading through Angel Broking at Kolhapur, and induced them to invest money by assuring returns of 5% per month on the invested amount. By gaining their trust and confidence, the informant and his brothers were allegedly persuaded to invest substantial amounts with the Applicant and her husband. 5. It is alleged that the complainant and his brothers invested an amount of approximately 90,00,000/- on the basis of false promises of earning substantial returns from such investments in shares. 6. Learned Counsel for the Applicant has drawn my attention to two agreements executed between the complainant and his brothers on one hand, and the main accused-Prasad Dharmadhikari on the other, which prima facie depicts that the transaction was between the husband of the Applicant and the Complainant and his brothers. 7. Though, the amounts were transferred to the account of the present Applicant, prima facie, it appears that the transactions were between the husband of the Applicant and the complainant and his brothers. 8. A detailed scrutiny of the case diary is required, which is not available presently. So also, the State is yet to file its reply as service has not been effected. In view of the above and considering the submissions, a case is made out for grant of ad-interim relief. Hence, the following order: ORDER (i) Pending the application, in the event of arrest in connection with Crime No. 518 of 2025 registered with Juna Rajwada Police Station, District Kolhapur, for the aforesaid offences, the Applicant-Ashwini Prasad Dharmadhikari, shall be released on bail upon furnishing a P.R. bond of 25,000/- with one solvent surety in the like amount. (ii) The Applicant shall attend the concerned Police Station on 07.05.2026 and 10.05.2026 between 10:00 a.m. and 12:00 noon, and shall cooperate in the Investigation. (iii) The applicant shall not tamper with the prosecution evidence and shall not threaten the prosecution witnesses. 6. Mr. Kuldeep Nikam, learned Advocate for the Applicant, submits Arjun 3 21-ABA-246-2026.doc that the Applicant has appeared before the Investigating Officer at Juna Rajwada Police Station, District Kolhapur and has cooperated with the investigation in Crime No. 518 of 2025. He, on instructions from the Applicant, states that the Applicant shall continue to cooperate and appear before the Investigating Officer as and when required. 7. Mr. S. H. Yadav, learned APP for the Respondent – State, on instructions from the Investigating Officer, Juna Rajwada Police Station, District Kolhapur, states that the Applicant has appeared and cooperated with the investigation in Crime No. 518 of 2025. 8. Mr. Dattatray Solankar, learned Advocate for the Intervenor, states that the Applicant has participated in the offence referred to in Crime No. 518 of 2025 along with the co-accused. By referring to the Agreement dated 08.03.2025 executed by the Intervenor and the co- accused Prasad Vinayak Dharmadhikari (i.e. the husband of the Applicant), he submits that the Applicant has acted as a witness to the transaction disclosed in the Agreement dated 08.03.2025 and hence responsible for the payment. 9. Perused the records with the assistance of the learned Advocates. 10. Mr. Dattatray Solankar, learned Advocate for the Intervenor, Arjun 4 21-ABA-246-2026.doc having emphasized the Agreement dated 08.03.2025, the recital-term as found on the internal Page No. 2 of the Agreement dated 08.03.2025, is reproduced herein as follows: यातील िलहून देणार व िलहून घेणार हे जवळचे िर असून ्यांनी यापूव अनेक वेळा आिक देवाण - घेवाणाचे ्यवहार चांग्या रकारे पार पाडले आहेत. िलहून देणार यांचा बँक ऑफ बडोदा यांचे सेवा कं राचा ्यवसाय आहे. िलहून देणार यांना व घरगुती आिक अडचणीसाठी रकेची आव्यकता आहे. ्याुळे िलहून देणार यांनी िलहून घेणार यांचे िवनंतीनुसार िलहून घेणार यांची प्नी आि1नी रसाद धा3िधकारी यांचे बँक ऑफ बडोदा शाखा राजारापुरी, को्हापूर या बँके तील खाते ्ये िद. ०४/०३/ २०२५ रोजी आर.टी.जी.एस. नं. SBINNR52025030477229063 वारे रक ुपये १०,००,०००/- (अषरी ुपये दहा लाख फत) िबन ्याजी वग3 के लेले आहेत. सदर रकेचा िलहून देणार यांना संपूण3 भरणा खालील नूद साषीदारांचे सष झाला अस्याने िनराळा भरणा पावतीचे कारण रािहलेले नाही. सदर रक जरी िलहून देणार यांचे प्नी्या खा्यावर वग3 के ली असली तरी सदर रकेची परत फे ड कर्याची सव3्वी जबाबदारी यातील िलहून देणार रसाद िवनायक धा3िधकारी यांनी ि्वकारलेली आहे . या बाबत ्यांची तरार नाही . 11. The Agreement dated 08.03.2025 states that although the amount was transferred to the Applicant's account, the responsibility and liability to pay the amount rests with Prasad Vinayak Dharmadhikari. This Court, while granting interim bail to the Applicant on 04.05.2026 in paragraph Nos. 6 and 7, has considered the said aspect. 12. Applicant is a woman. 13. In view of the statement made by Mr. Kuldeep Nikam, learned Advocate for the Applicant and Mr. S. H. Yadav, learned APP, that the Applicant has cooperated with the Arjun 5 21-ABA-246-2026.doc investigation in Crime No. 518 of 2025, this Application is disposed of by confirming the order dated 04.05.2026 and making it absolute. Conditions imposed in the order dated 04.05.2026 shall continue as final conditions with the following additional conditions:- (a) The Applicant shall appear before the Investigating Officer, Juna Rajwada Police Station, District Kolhapur in Crime No. 518 of 2025, as and when required by the Investigating Officer. (b) The 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. 14. Anticipatory Bail Application No. 246 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 6 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.08.20 10:37:15 +0530