63-ABA-434-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 434 OF 2026 Aayush Anil Avere … Applicant Versus. The State of Maharashtra And Ors. … Respondents ----- Mr. Shubham Gagan, Advocate for the Applicant. Mr. A. S. Shalgaonkar, APP for the Respondent – State. Mr. Aarya Ambulkar, Advocate for the Respondent No. 3. Mr. Ganesh Shinde, HC -05, Guhagar Police Station, is present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 24th August, 2026. P.C. : 1. At the outset, Mr. Shubham Gagan, learned Advocate for the Applicant, states that due to an error on his part, there is a mistake in the prayer clauses (a) and (b) of this Application. He therefore seeks leave to amend the prayer clauses (a) and (b) of this Application. This request, made by Mr. Shubham Gagan, learned Advocate for the Applicant, is not opposed by Mr. A. S. Shalgaonkar, learned APP, and Mr. Aarya Ambulkar, learned Advocate for the Respondent No. 3. 2. In view of the no objection, leave is granted to amend the prayer clauses (a) and (b) of this Application, as prayed. Mr. Shubham Gagan, Arjun 1 63-ABA-434-2026.odt learned Advocate for the Applicant, requests permission to carry out the amendment forthwith. Permission granted. 3. Heard Mr. Shubham Gagan, learned Advocate for the Applicant, Mr. A. S. Shalgaonkar, learned APP for the Respondent – State and Mr. Aarya Ambulkar, learned Advocate for the Respondent No. 3. 4. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS, 2023”), the Applicant seeks pre-arrest bail in connection with Crime No. 62 of 2026 registered with Guhagar Police Station, for offences punishable under Sections 64(2) (m), 69, 318(2), 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 5. Mr. Shubham Gagan, learned Advocate for the Applicant, states that the Applicant is the sole Accused in Crime No. 62 of 2026. 6. The prosecution case is that the Applicant and the victim (i.e. the daughter of the Respondent No. 3) were in love. Their relationship developed into a physical relationship. Upon this being divulged to the Respondent No. 3, an FIR bearing No. 62 of 2026 was registered. Arjun 2 63-ABA-434-2026.odt 7. Mr. Shubham Gagan, learned Advocate for the Applicant, submits that the Applicant is a young man, aged 24 years, and the victim is about 16 years old. He submits that the Applicant and the victim were friends and in a loving relationship. He further submits that the complaint was filed only after the victim's parents realized this relationship. He submits that the Applicant has no criminal antecedents. 8. Mr. A. S. Shalgaonkar, learned APP for the Respondent – State, submits that the investigation conducted by the Investigating Officer, particularly the statement of the victim recorded under Section 183 of the BNSS, 2023, reveals that the victim was in fact, in love with the Applicant. 9. Mr. Aarya Ambulkar, learned Advocate for Respondent No. 3, submits that Respondent No. 3 filed the complaint against the Applicant due to a misunderstanding that the Applicant had committed a forcible sexual act against the victim. He further submits that upon realizing that the Applicant and the victim were in love with each other, Respondent No. 3 appeared before the Trial Court and filed an Application stating that neither she nor the victim had any grievance against the Applicant. Arjun 3 63-ABA-434-2026.odt 10. Perused the records. 11. In Sunil Mahadev Patil v. The State of Maharashtra1, this Court, in paragraphs 8 to 12, observed as follows: 8. It is to be noted that the case of S. Varadarajan was decided in the year 1967 when the women were not enjoying the freedom which today the women have. Albeit the Hon'ble Supreme Court then has taken a pragmatic view and has acquitted Varadarajan. Now we come across such cases everyday. If a girl is a minor between the age group of 15 to 18 years and if it can be safely inferred that her consent was obvious, then it is a mitigating circumstance. Some trial Courts dealing with such Bail Applications, especially after Nirbhaya case, started taking a strict approach and the accused are denied the bail only on the ground that the prosecutrix being minor below 18 years, her consent is immaterial, therefore, in the case of rape on such minor, no bail can be granted. This is a matter of concern. 9. In view of the increasing offences against the women especially of rape, the legislature and judiciary both found it obligatory to deal these offences with severe punishment and women can be protected if the laws are made rigorous. Therefore, report of Justice Verma Committee was accepted and necessary and significant amendments were made in these two sections. A wrong doer is to be punished, guilty is to be convicted. However, at the stage of bail, the Court has to consider prima facie under what circumstances the offence is committed by the accused. In the Criminal law, the Court cannot ignore the intention or motive behind the act and that is an important factor in the commission of offence so also to decide the quantum of sentence at the end of trial, so in the case of bail. 10. The offence of rape can be distinguished on the basis of the intention of the accused. There are incidents of rapes committed by gang like the case of Nirbhaya or Maya Thagi or Mathura which cannot be forgotten by Indian Society. So also rape committed in a savage manner or repeatedly by a single accused. There are some instances of rape which take place as a man wants to satisfy his lust and animal within him overpowers his reason. There are instances of rape where a man and a woman both are in love with each other and get involved into 1 2015 SCC OnLine Bom 6204 Arjun 4 63-ABA-434-2026.odt sexual relationship due to either physical or psychological need and in such type of rape, there is no violence which exists in other types of rape. 11. Today teenagers are exposed to more sex related issues and lot of material is also available to them to know the sexual relationship between a man and a woman. Because of their impressionable age, girls and boys both may tend to get provoked and there can be a curious and very compelling demand of the body to get into such kind of relationship. Sexual urge differs from person to person and there cannot be any mathematical formula in respect of sexual behavioral pattern of teenagers, as biologically whenever the child turns into puberty, the child starts understanding his or her sexual needs. The nature of response depends on the upbringing, peer pressure, how civilized the environment is etc. Sex requires proper physical and emotional preparation, as it results in many physical and emotional consequences. This is all considered as a sexual maturation. Therefore, some sects with view to regularize sexual behaviour of the community have acknowledged this biological factor and therefore, the early age marriages are performed in some religions or communities. Taking into consideration this social and biological factors, the law makers have considered the age of 15 as a age of consent when the marriage is performed. Taking into consideration this background, the trial Judge has to pass an order of bail in such cases. 12. The overall considerations while deciding such applications can be summed up as- When a boy and a minor girl are in love with each other and chose to live together without consent of their parents, then the following factors are to be considered: (i) What is the age of the prosecutrix, who is minor. (ii) Whether the act is violent or not. (iii) Whether there are antecedents or not. (iv) Whether the offender is capable of repeating the Act or not. (v) Whether there is likelihood of threats or intimidation, if at all the boy is released. (vi) Whether any chance of tampering with the material witnesses when their statements are recorded. Arjun 5 63-ABA-434-2026.odt (vii) It is also to be taken into account in such cases that a boy in his early 20's deserves to get employment and to plan, stabilize and secure his future. 12. Prima facie, the Applicant and the victim appear to be in a passionate relationship. The FIR does not allege that the Applicant committed any violent or forcible act or any assault on the victim. The Applicant has no antecedents. 13. Mr. Aarya Ambulkar, learned Advocate for Respondent No. 3, has submitted that Respondent No. 3 filed the complaint against the Applicant due to a misunderstanding. 14. The allegations and the conduct of the parties in Crime No. 62 of 2026, as stated by Mr. Shubham Gagan, learned Advocate for the Applicant and Mr. Aarya Ambulkar, learned Advocate for Respondent No. 3, indicate that the observations of this Court in the case of Sunil Mahadev Patil (Supra) would apply to this case. 15. Mr. A. S. Shalgaonkar, learned APP, submits that the Applicant be directed to appear before the Investigating Officer at Guhagar Police Station in Crime No. 62 of 2026, as and when required by the Investigating Officer and to undergo the medical tests required to be conducted on the Applicant. Arjun 6 63-ABA-434-2026.odt 16. Mr. Shubham Gagan, learned Advocate for the Applicant, on instructions from the Applicant, states that the Applicant shall appear before the Investigating Officer at Guhagar Police Station and shall undergo medical tests, as required by the Investigating Officer, in the investigation of Crime No. 62 of 2026. He further states that the Applicant shall cooperate with the Investigating Officer. The statements made by Mr. Shubham Gagan, learned Advocate for the Applicant, on instructions from the Applicant, are recorded. 17. In view of the above, this Application is allowed on the following conditions :- (a) In the event of arrest of the Applicant in the Crime No. 62 of 2026 registered with the Guhagar Police Station, the Applicant shall be released on bail upon furnishing a PR bond in the sum of Rs. 25,000/-, with two sureties in the like amount to the satisfaction of the Investigating Officer, Guhagar Police Station. (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 Arjun 7 63-ABA-434-2026.odt dissuade such person/s from disclosing the facts to the Court or any police officer. (c) Applicant shall not tamper with evidence in any manner. (d) The Applicant shall appear and report to the Investigating Officer, at Guhagar Police Station, on 27th, 28th, 31st August, 2026 and 1st September, 2026, from 10:00 am to 12:00 pm, and thereafter as and when required by the Investigating Officer. The Applicant shall co-operate with the Investigating Officer in the process of investigation of Crime No. 62 of 2026. (e) The Applicant shall offer to undergo medical tests, as required by the Investigating Officer, Guhagar Police Station, in the investigation of Crime No. 62 of 2026. (f) The Applicant shall provide the Investigating Officer, Guhagar Police Station, with his residential address along with proof, his contact number and Arjun 8 63-ABA-434-2026.odt must inform the Investigating Officer of any changes to this information from time to time. 18. Criminal Anticipatory Bail Application No. 434 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 9 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.08.25 13:51:57 +0530