38 - ABA - 320 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 320 OF 2026 Akshay Dilip Kadale … Applicant Versus. The State of Maharashtra & Ors. … Respondents Mr. Shivraj Pawar with Rohinee Yadav for the Applicant. Mr. Shrikant Yadav, APP for the State. Ms. Siddhi Jeur for Respondent No.3 (Appointed through Legal Aid). Mr. Vikas N. Rathod, PSI, Satara City Police Station, is present. ------- CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 21, 2026 P.C.: 1. Heard, Mr. Shivraj Pawar, learned Advocate for the Applicant, Mr Shrikant Yadav, learned APP for the State and Ms. Siddhi Jeur, learned Advocate for Respondent No. 3. 2. On 18th June 2026, the following order was passed: “ 1. Issue notice to the Respondents, returnable on 9th July 2026. 2. Learned A.P.P. waives service for the Respondent No.1 & 2-State. 3. Learned A.P.P. is requested to direct the concerned Investigating Officer to intimate the Respondent No.3-victim about the pendency of the present Application, which is scheduled to be taken up for hearing on 6th July 2026. 4. Learned counsel for the Applicant submits that the present F.I.R. is a counterblast to the N.C. Report registered by the mother of the Applicant VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.21 21:32:23 +0530 38 - ABA - 320 - 2026.doc against the uncle of the victim Suresh Devkule and Shava Devkule being N.C. No. 0484 of 2026 from the same incident dated 28/03/2026 registered on 29/03/2026. The Applicant is not having any criminal antecedents and is ready to abide any conditions that may be imposed by this Court. Infact the Applicant and his brother Kiran was assaulted by the uncle of complainant viz. Suresh and Chava, and the Applicant and his brother Kiran was required to undergo treatment at the hospital. The treatment papers along with N.C. is produced on record and marked as “X” for identification. 5. Taking into consideration the aforesaid submission, I am inclined to pass the following order. Hence, the following order :- O R D E R i. In the event of arrest of the Applicant - Akshay Dilip Kadale, he be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount, in connection with F.I.R. No. 0286 of 2026, dated 31/03/2026, registered with Satara City Police Station, District Satara, for the offences punishable under Sections 78, 115(1), 352, 351(2) of The Bharatiya Nyaya Sanhita, 2023 and Sections 8, 12 of The Protection of Children from Sexual Offences Act, 2012, on the following conditions :- (A) The Applicant shall attend the concerned Police Station and report to the Investigating Officer on every Thursday and Friday, between 11:00 a.m. to 02:00 p.m.. (B) The Applicant shall also cooperate with the investigation. (C) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner. (D) Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the interim relief granted herein above. 6. Stand over to 6th July 2026.” 3. Mr. Shivraj Pawar, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigating Officer and has cooperated with the investigation in Crime No. 286 of 2026 registered with Satara City Police Station, District Satara. He submits that the Applicant shall appear before the Investigating Officer as and when VRJ 2 38 - ABA - 320 - 2026.doc required and cooperate with the investigation in Crime No. 286 of 2026. 4. Mr. Shrikant Yadav, learned APP for the State, submits that the Applicant has appeared before the Investigating Officer, cooperated in the investigation of Crime No. 0286 of 2026 and the medical examination of the Applicant has also been completed. 5. Ms. Siddhi Jeur, learned Advocate for Respondent No. 3, submits that the Applicant was stalking Respondent No. 3, as a result of which Respondent No. 3 felt threatened. She further submits, on instructions, that the parents of Respondent No. 3 have not sent Respondent No. 3 to school. 6. Perused the record. 7. As submitted by Mr. Shivraj Pawar and not contested by Mr. Shrikant Yadav, learned APP, the Applicant has appeared and cooperated with the investigation in Crime No. 286 of 2026. The Applicant is said to be a 29-year-old labourer who depends on his day-to-day labour for his survival. 8. Perusal of the records in the file of this Application indicates that Respondent No. 3 opposed Criminal Bail Application No. 136 of 2026, filed by the Applicant before the Sessions Court, Satara, by filing a VRJ 3 38 - ABA - 320 - 2026.doc Reply dated 23rd April 2026. The said reply is in line with the allegations made in the FIR, that is the Applicant allegedly stalked Respondent No. 3. Apparently, on 2nd May 2026, Respondent No. 3 filed an additional reply in Criminal Bail Application No. 136 of 2026, in which Respondent No. 3 has given a totally different version of the crime. Respondent No. 3 has made allegations of rape in the said additional reply. 9. Mr. Shivraj Pawar, learned Advocate for the Applicant, submits that Respondent No. 3 has taken a totally different stand in the additional reply filed in Criminal Bail Application No. 136 of 2026, thereby creating a doubt in her case. 10. Be that as it may, the Applicant is said to have cooperated with the investigation in Crime No. 286 of 2026. The charge-sheet in Crime No. 286 of 2026 has been filed, registered as Special Child Case No. 65 of 2026, and is pending before the Special POCSO Court, Satara. 11. In view of the aforesaid facts and circumstances, the custodial interrogation of the Applicant is not necessary in Crime No. 286 of 2026. 12. Mr. Shrikant Yadav, learned APP, however, submits that a condition that the Applicant surrender his mobile phone along with the SIM card be imposed on the Applicant. VRJ 4 38 - ABA - 320 - 2026.doc 13. Mr. Shivraj Pawar, learned Advocate for the Applicant, on instructions, submits that the Applicant undertakes to hand over his mobile phone along with the SIM card to the Investigating Officer in Crime No. 286 of 2026 on 24th September 2026. 14. In view of the above, the order dated 18th June 2026 is confirmed and made absolute in terms of paragraph No. 5(i)(A), (B), (D) and (D), with the following additional conditions: Additional conditions:- (a) The Applicant shall report to the Investigation Officer, Satara City Police Station, District Satara in Crime No. 286 of 2026 on the second Saturday of each month from 12:00 noon to 1:00 P.M. till framing of charge in Special Child Case No. 65 of 2026 pending before the Special POCSO Court, Satara. (b) The Applicant shall hand over his mobile phone along with the SIM card to the Investigation Officer in Crime No. 286 of 2026 on 24th September 2026. (c) The Applicant shall not contact the victim or any of her family members till the conclusion of trial in Special Child Case No. 65 of 2026. 15. The Bombay High Court Legal Services Committee, Circuit Bench VRJ 5 38 - ABA - 320 - 2026.doc at Kolhapur, shall quantify and pay the legal fees payable under the Legal Aid Scheme to Advocate Ms. Siddhi Jeur, who has appeared and represented Respondent No.3 in this Application. 16. Anticipatory Bail Application No.320 of 2026 is allowed and disposed of. (ASHWIN D. BHOBE, J.) VRJ 6