02-ABA-2256-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2256 OF 2026 Deepak Bheemrao Katarkar …Applicant Versus The State of Maharashtra & Anr. …Respondents Mr. Aashay Rabade, for the Applicant. Mr. S. V. Walve, APP, for the Respondent-State. Ms. Princi Jaiswal, appointed for Respondent No.2. API B. V. Dodmise, Ambegaon Police Station, Pune City, present. CORAM: MADHAV J. JAMDAR, J. DATED: 25 AUGUST 2026 PC:- 1. Heard Mr. Rabade, learned Counsel appearing for the Applicant, Mr. Walve, learned APP, for the Respondent-State of Maharashtra and Ms. Jaiswal, learned Counsel appointed to represent the interest of Respondent No.2. 2. By this Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with CR No.37 of 2026 registered with the Ambegaon Police Station, Pune City, for the offences punishable under Sections 63(d)(i), 63(d)(iii), 63(a), 64(1) and 3(6) of the Bharatiya Nyaya Sanhita, 2023. Page 1 Arjun ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.08.27 15:13:38 +0530 02-ABA-2256-2026.DOC 3. The Applicant is Accused No.3. As per the prosecution case, Accused No.1 has sexually assaulted the victim on many occasions about 1 year before filing the FIR. The allegation against Accused No.2 is also about sexual assault which was committed by him 20 days before filing the FIR. Insofar as the Applicant i.e. Accused No.3, as per the FIR, he has sexually assaulted the victim about 15 days prior to the filing of the FIR. 4. The FIR was lodged on 30th January 2026. Thus, as per the FIR, the victim was subjected to the sexual assault by the Applicant i.e. Accused No.3 on or about 15th January 2026. As per the prosecution case, before 15th January 2026, the victim and the Applicant were not known to each other. 5. However, Mr. Rabade, learned Counsel for the Applicant, points out that there were text messages sent by the victim to the Applicant which are much prior to the said date of 15th January 2026. He submits that the relationship is consensual relationship. He submits that the Applicant will cooperate with the investigation. He further submits that the Charge-sheet has already been filed. Page 2 Arjun 02-ABA-2256-2026.DOC 6. On the other hand, Ms. Jaiswal, learned Counsel appointed to represent the interest of Respondent No.2, submits that the offence is very serious where the Applicant has sexually assaulted the victim. She points out the observations made in the Order dated 29th June 2026 passed by the learned Special Judge (under POCSO Act), Pune and particularly in Paragraph No.6. She submits that although Accused No.1 has been arrested and released on regular bail, parity is not applicable to the Applicant. She submits that the offence is serious and heinous and, therefore, the Anticipatory Bail Application be dismissed. 7. Mr. Walve, learned APP, for the Respondent-State, submits that, in the facts and circumstances, custodial interrogation of the Applicant is necessary and, therefore, the Anticipatory Bail Application be dismissed. 8. Perusal of the record shows that, even as per the prosecution case, insofar as the Applicant is concerned, he has sexually assaulted the victim on or about 15th January 2026. However, the documents annexed to the Application, shows that much prior to the said date/period, the victim has sent text messages to the Applicant. Such text messages were at least sent in November 2025. It is the submission of the Applicant that the relationship Page 3 Arjun 02-ABA-2256-2026.DOC between the Applicant and the first informant is consensual. 9. Thus, in the facts and circumstances, case is made out for grant of anticipatory bail, by imposing stringent conditions. In view thereof, the following Order is passed: O R D E R (a) In the event of arrest of the Applicant - Deepak Bheemrao Katarkar in connection with CR No.37 of 2026 registered with the Ambegaon Police Station, Pune City, the Applicant is directed to be released on bail on his furnishing PR Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on 1st September 2026 and 2nd September 2026 between 11:00 am and 02:00 pm and, thereafter, once in a week i.e. on every Monday between 11:00 am and 02:00 pm, till filing of the Charge-sheet. (c) The Applicant shall furnish his cell phone number and Page 4 Arjun 02-ABA-2256-2026.DOC residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (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. 10. The Anticipatory Bail Application is disposed of accordingly. 11. This Court places on record the appreciation for the assistance rendered by Ms. Princi Jaiswal, learned Counsel appointed to represent the interest of Respondent No.2. The High Court Legal Services Committee, Mumbai is requested to pay professional fees of Ms. Princi Jaiswal, as per rules. [MADHAV J. JAMDAR, J.] Page 5 Arjun