913-ABA-1821-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1821 OF 2026 Rupesh Haribhau Kumbare & Anr. …Applicants Versus The State of Maharashtra & Anr. …Respondents Mr. Vinod Kendre i/b. Mr. Vipul DUshing, for the Applicants. Mrs. Savita M. Yadav, APP, for Respondent No.1-State. Mr. Shailesh Kharat, for Respondent No.2. Mr. Ravindra Alekar, API, attached to Kothrud Police Station, Pune City, Pune, present. Mr. Rupesh Haribhau Kumbare, Applicant No.1, present. Mrs. Kanchan Rupesh Kumbare, Applicant No.2, present. Mr. Manohar Aburao Dagade, Respondent No.2, present. CORAM: MADHAV J. JAMDAR, J. DATED : 2nd SEPTEMBER 2026 PC:- 1. Heard Mr. Kendre, learned Counsel appearing for the Applicants, Mrs. Yadav, learned APP appearing for Respondent No.1-State and Mr. Kharat, learned Counsel appearing for Respondent No.2. 2. Both the learned Counsel tendered affidavits dated 2nd September 2026. Page 1 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.03 10:32:56 +0530 913-ABA-1821-2026.DOC 3. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.155 of 2026 registered with Kothrud Police Station, Pune, for the offences punishable under Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 and Sections 316(2), 316(5), 318(4), 3(5) and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 4. The prosecution case is set out in paragraph 5 of the Anticipatory Bail Application, which reads as under: “5. That the prosecution story in nutshell is as under: A. On the basis of complaint lodged by one Manoj Dagade it is alleged that, M/s R.K. Life Space Developers Pvt. Ltd. which was ran by persons namely Rupesh Haribhau Kumbare, Kanchan Rupesh Kumbare, developed building namely "R.K. Gracia" on property which was owned by informant as per the agreed development agreement. B. It is further alleged that, Thereafter, by inducing and gaining trust as builders, the accused persons lured him by assuring that the flats allotted to his share in the said building could be sold at higher market rates. It is also alleged that accused obtained a Power of Attorney from informant for sale of the flats. Subsequently, they sold Flat Nos. 301, 902, and 1102 in the said building to customers and, out Page 2 Sonali 913-ABA-1821-2026.DOC of the sale proceeds received, an amount of Rs. 2,64,00,000/- belonging to his personal share was credited into their own bank accounts and induced him to reinvest the said amount in their company by assuring monthly returns at the rate of 2% on the investment. C. It is alleged that informant entrusted the said amount of Rs.2.64 Crores to accused as investment. However, the accused persons neither returned the principal investment amount nor paid any promised returns. Further, when informant demanded his investment amount personally as well as over phone calls, the accused persons threatened the informant. D. Accordingly, CR No. 155 of 2026 registered at Kothrud Police Station against the accused for offences punishable under Section 316(2), 316(5), 318(4), 351(2), 3(5) of BNS, along with S. 3,4 Of Maharashtra Protection of Interest of Depositors Act.” 5. Both the learned Counsel state that the Applicants are builders and Respondent No.2 is the owner of the plot, which is being developed by the Applicants. In view of monetary dispute, an FIR was lodged based on the contention of Respondent No.2-First Informant that he had been cheated. Both the learned Counsel state that however, during the pendency of this Anticipatory Bail Application, the parties have arrived at settlement dated 27th August 2026. A photocopy of the same is annexed to the affidavit dated 2nd September 2026 of the Applicants tendered in Court. Respondent No.2-First Informant has also filed an affidavit dated Page 3 Sonali 913-ABA-1821-2026.DOC 2nd September 2026. In the said affidavit, it is stated that the Applicants will be paying total amount of Rs.3,25,00,000/- to the Respondent No.2 and out of the same, Rs.2,38,00,000/- has already been received by the Respondent No.2. The balance amount of Rs.87,00,000/- has already been deposited before the learned Sessions Court. In the affidavit of the Applicants dated 2nd September 2026, no objection has been given for transfer of the said amount deposited before the learned Sessions Court at Pune, Pune to the account of the First Informant-Respondent No.2. 6. The Respondent No.2 has also filed the affidavit stating that the dispute is settled pursuant to which, Rs.3,25,00,000/- have been agreed to be paid and Rs.2,38,00,000/- have been received by the Respondent No.2 and the balance amount of Rs.87,00,000/- has been deposited by the Applicants before the learned Sessions Court, Pune. 7. Perused the FIR and the material on record. The same shows that the dispute is predominantly of civil nature. Page 4 Sonali 913-ABA-1821-2026.DOC 8. Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of Applicant No.1-Rupesh Haribhau Kumbare and Applicant No.2-Kanchan Rupesh Kumbare in connection with C.R. No.155 of 2026 registered with the Kothrud Police Station, Pune City, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.10,000/- each with one or two solvent sureties each in the like amount. (b) The Applicants shall attend the concerned Police Station as and when called by the Investigating Officer. (c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person Page 5 Sonali 913-ABA-1821-2026.DOC 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 Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. 9. The Respondent No.2 is at liberty to file an Application before the learned Sessions Judge, Pune for the withdrawal of the amount of Rs.87,00,000/-, which has been deposited before the learned Sessions Court, Pune. If such Application is filed and as the Applicants have given their no-objection for the transfer of the said amount into the account of the First Informant/Respondent No.2, the learned Sessions Judge, Pune, is requested to pass an appropriate order expeditiously. 10. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 6 Sonali