28-ABA-157-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.157 OF 2025 1. Krishna Narayan Tiwari …Applicants 2. Antima Krishna Narayan Tiwari Versus The State of Maharashtra & Anr. …Respondents WITH INTERIM APPLICATION NO.954 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO.157 OF 2025 Sanjeevani Nilesh Patane …Applicants In the matter between 1. Krishna Narayan Tiwari …Applicants 2. Antima Krishna Narayan Tiwari Versus The State of Maharashtra & Anr. …Respondents Mr. Chaitanya Pendse a/w Ranjit B. Ade, for the Applicants. Mr. S. S. Ghag, APP, for the Respondent-State. PSI Sanjay Bagade, Wanavadi Police Station, Pune City, present. CORAM: MADHAV J. JAMDAR, J. DATED: 21 SEPTEMBER 2026 PC:- 1. Heard Mr. Pendse, learned Counsel appearing for the Applicants and Mr. Ghag, learned APP, for the Respondent-State of Maharashtra. Page 1 Arjun ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.09.21 21:17:40 +0530 28-ABA-157-2025.DOC 2. As none appeared for Respondent No.2 in the morning session, the matter was kept back in the afternoon session. However, in the afternoon session also none appears for Respondent No.2. 3. By this Anticipatory Bail Application filed under Section 438 of the Code of Criminal Procedure, 1973, the Applicants are seeking pre-arrest bail in connection with CR No.342 of 2024 registered on 12th May 2024 with Wanavadi Police Station, Pune City, for the offences punishable under Sections 328, 34, 420, 380, 385, 384 and 506(2) of the Indian Penal Code, 1860 and 67A and 66D of the Information Technology Act, 2000. 4. The prosecution case is set out in Paragraph No.2 of the Anticipatory Bail Application, which reads as under: “i. It is alleged that since 2017 the Complainant is working as Ticket Checker in Central Railway, Pune. It is alleged that on 18/04/2016 the Complainant got married with one Nilesh Patane. The complainant's husband works as Constable in Border Security Force. It is alleged that the Complainant and her husband were residing in railway quarters at Pimpri-Chichwad. The complainant and her husband have a daughter of 5 years named Vidisha. It is alleged that there were family quarrels between the Complainant and her husband often. It is alleged that therefore the Complainant and her husband were residing Page 2 Arjun 28-ABA-157-2025.DOC separately. In the year 2019 the complainant started staying at the Raheja Garden, Wanvadi. ii. It is alleged that due to the often quarrels the Complainant was depressed and therefore on 21/11/2022 the Complainant installed Astrotalk App in her mobile. It is alleged that the Complainant got the id of the Accused No.1 in the said App and after selecting the said id of the Accused No.1 the Complainant connected the call to the Accused No.1 for advice. It is alleged that the complainant told the Accused No.1 that the Complainant is facing family/marriage problems and there are frequent quarrels between the complainant and her husband and also the complainant asked the Accused No.1 for some astrological solution for the said problem. It is alleged that the Accused No.1 told the Complainant that someone has put/done black magic on her house and to remove that the Complainant needs to do pooja/hawan. It is alleged that the Accused No.1 told the Complainant that Rs.2 lakhs will be the charges of the Accused No.1 to perform the said pooja/hawan. It is alleged that the Complainant transferred Rs.40,000/- through Phone Pay through her number i.e. 7387052210 to the Accused No.1 i.e. 6392044136 for the said Pooja/hawan including his air fare from Lukhnow to Pune. iii. It is alleged that on 14/12/2022 the Accused No.1 came to the Complainant's home to do the said pooja/hawan. It is alleged that the said pooja/hawan started at 10.30 in the morning and was over by 1.00 pm in the afternoon. It is alleged that after performing pooja/hawan the Accused No.1 gave Prasad (offering given after pooja) motichoor laddu to the Complainant. It is alleged that after eating the said laddu the Complainant got dizzy/heavy head. It is alleged that upon asking the reason for this the Accused No.1 told the Complainant that there is a huge black magic on the Complainant and now it is coming off and that is why the Complainant is experiencing dizziness and heavy head. It is alleged that after that the Accused No.1 went back to Luknow. iv. It is alleged that after some days the Complainant called Page 3 Arjun 28-ABA-157-2025.DOC the Accused No.1 and told him that even after doing pooja/hawan the quarrels between the Complainant and her husband have not stopped. It is alleged that the Accused No.1 told the Complainant that the said pooja/hawan is failed and the Complainant needs to perform another pooja/hawan. It is alleged that on 01/01/2023 both the Accused came to the Complainant's home from Lukhnow and the Complainant had paid for the air fare of the both the Accused. It is alleged that on 01/01/2023 the pooja/hawan started at 11 am in the morning and lasted till 1 pm in the afternoon. It is alleged that after the said pooja/hawan the Accused No.1 gave the Complainant and her daughter some yellow colored bitter tested sarbat/drink. It is alleged that after drinking the said sarbat/drink the Complainant and her daughter felt sleepy and therefore the Complainant along with her daughter went to the bedroom to sleep. It is alleged that when the Complainant woke up from the sleep at 4 pm there was no one at home. It is alleged that the Complainant got to know that her Mangalsutra weighting 2.5 tola (20.5 grams) which she was wearing was not there and one camera of Canon 150 D worth Rs.1.5 lakh was also missing/not to be seen anywhere at home. It is alleged that therefore the Complainant called the Accused No.1 and asked about the said missing items. It is alleged that the Accused No.1 told the Complainant that he has taken these things from the Complainant's home. It is alleged that the Complainant repeatedly asked the Accused No.1 to return these things however, the Accused No.1 did not give the same giving evasive answers. v. It is alleged that in the month of November 2023 the Accused No.1 sent, from his mobile, some obscene pictures of the complainant/pictures of the Complainant in inner wear, to the mobile of the Complainant and deleted the same instantly and messaged the Complainant threatening that if she tries to tell to anyone about anything then the Accused No.1 will send the obscene photos of the Complainant to all her contacts. It is alleged that the Accused No.1 time and again threatened the Complainant that he will make/go viral such photos of the Complainant Page 4 Arjun 28-ABA-157-2025.DOC and demanded money from the complainant. It is alleged that the Accused No.1 threatened the Complainant that if the Complainant does not give money to the Accused then the Accused will kill the Complainant and her daughter too. It is alleged that on 01/01/2023 the Accused No.1 scanned the Complainant's mobile and transferred all the contact list of the Complainant to his mobile. It is alleged that the Accused used to contact the colleagues and relatives of the Complainant and he used to trouble them. It is alleged that till today the Accused No.1 has extorted funds amounting Rs.13 lakhs from the complainant by blackmailing her. It is alleged that the said money was given by the Complainant to the Accused No.1 through RTGS, Phone Pay, CDM machine in the Accused's name as well as of his wife's name.” 5. Mr. Pendse, learned Counsel for the Applicants, submits that totally false case is filed against the Applicants. He submits that there are about 8 criminal antecedents against the First Informant. He submits that the subject FIR has been lodged just to extort the money from the Applicants. 6. On the other hand, Mr. Ghag, learned APP, for the Respondent-State of Maharashtra, states that the offence is very serious. He, therefore, states that the Applicants are not entitled for anticipatory bail. However, on instructions, he submits that there are 9 FIRs registered against the First Informant. 7. Prima facie, the Applicant No.1 and the First Informant are Page 5 Arjun 28-ABA-157-2025.DOC in consensual relationship. The FIR was lodged on 12th May 2024. 8. A learned Single Judge, by Order dated 30th January 2025, granted ad-interim protection to the Applicants, which continues till date. There is nothing on record to show that the said protection has been misused. 9. There are 9 FIRs registered against the First Informant. 10. Accordingly, in the facts and circumstances, case is made out for grant of anticipatory bail by imposing conditions. In view thereof, the following Order is passed: O R D E R (a) In the event of arrest of Applicant No.1-Krishna Narayan Tiwari and Applicant No.2-Antima Krishna Narayan Tiwari, in connection with CR No.342 of 2024 registered with Wanavadi Police Station, Pune City, the Applicants are directed to be released on bail on their furnishing PR Bond in the sum of Rs.30,000/- each with one or two solvent sureties each in the like amount. Page 6 Arjun 28-ABA-157-2025.DOC (b) The Applicants shall attend the concerned Police Station, as and when necessary, till filing of the Charge-sheet, and shall cooperate with the investigation. (c) The Applicants shall furnish their cell phone numbers and residential addresses 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 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. (f) The Applicants shall not leave India without prior permission of the Court. 11. The Anticipatory Bail Application is disposed of accordingly. Page 7 Arjun 28-ABA-157-2025.DOC 12. As the Anticipatory Bail Application is disposed of, nothing survives in the Interim Application and the same is also disposed of. [MADHAV J. JAMDAR, J.] Page 8 Arjun