Shridhar Sundara Shetty vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Shridhar Sundara Shetty vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory Bail Application allowed and disposed of: the Applicant is to be released on bail, in the event of arrest in Crime No.301 of 2025 registered with Kashimira Police Station, on furnishing a PR Bond of Rs.25,000/- with one or two sureties in the like amount; conditions imposed — not to commit any other crime; not to enter the limits of Kashimira Police Station till conclusion of the trial; deposit of Rs.1,00,000/- with Rescue Foundation (registered under the Bombay Public Trust Act, 1950) within four weeks with receipt submitted to the concerned Police Station; liberty granted to the prosecution to file an application for cancellation of anticipatory bail in case of breach of any condition.

Issue for consideration

Whether the Applicant, who apprehends arrest in Crime No.301 of 2025 registered with Kashimira Police Station for offences under Sections 143(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5 & 8 of the Immoral Traffic (Prevention) Act, is entitled to be released on anticipatory bail. +1 more

Court's answer

In that view of the matter, the Court was inclined to release the Applicant on anticipatory bail.

Ratio / Principle

On perusal of the victims' statements, it was prima facie difficult to infer that the Applicant persuaded them to engage in a prostitution activity.

Key takeaways

Custodial interrogation of the Applicant was held to be unnecessary.ratio¶18
Anticipatory bail granted: in the event of arrest in Crime No.301 of 2025 (Kashimira Police Station), the Applicant is to be released on furnishing a PR Bond of Rs.25,000/- with one or two sureties in the like amount, subject to conditions — (i) he shall not commit any other crime; (ii) he shall not enter the limits of Kashimira Police Station till conclusion of the trial; (iii) he shall deposit Rs.1,00,000/- with Rescue Foundation within four weeks and submit a receipt to the concerned Police Station; with liberty reserved to the prosecution to seek cancellation of the anticipatory bail on breach of any condition; and the Application stands disposed of accordingly.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail granted (N.R. Borkar, J.; 16-10-2025) to Shridhar Sundara Shetty, alleged Manager of Hotel Suryaprakash Lodge, apprehending arrest in Crime No.301 of 2025 (Kashimira Police Station) for offences under Ss.143(3) & 3(5) Bharatiya Nyaya Sanhita, 2023 and Ss.3, 4, 5 & 8 Immoral Traffic (Prevention) Act. Perusal of the victims' statements led the Court to conclude that, prima facie, it was difficult to infer that the Applicant had persuaded them into prostitution, and that custodial interrogation was unnecessary. Release ordered on a PR Bond of Rs.25,000/- with one or two sureties in the like amount, conditioned on: no commission of other offences; non-entry into the limits of Kashimira Police Station till conclusion of trial; deposit of Rs.1,00,000/- with Rescue Foundation (charitable trust registered under the Bombay Public Trust Act, 1950) within four weeks with receipt to the concerned Police Station; liberty reserved to the prosecution to seek cancellation on breach. Application disposed of in these terms. No precedent cited; the APP's contention that the Applicant was involved in another crime (S.308 r/w S.34 IPC) did not result in refusal of bail.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.2760 OF 2025

Shridhar Sundara Shetty … Applicant V/s. The State of Maharashtra … Respondent

Ms. Anjali Patil a/w Tohid Shaikh for the Applicant. Ms. R. D. Humane, APP for the Respondent-State.

CORAM : N.R. BORKAR, J. DATE : 16TH OCTOBER 2025

P.C. :

Digitally signed by MUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2025.10.28 15:53:27 +0530

This is an Application for anticipatory bail.

The Applicant is apprehending his arrest in Crime No.301 of 2025 registered with Kashimira Police Station for the offences punishable under Sections 143(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5 & 8 of the Immoral Traffic (Prevention) Act.

It is the case of the prosecution that the first informant and other victims approached the Hotel Suryaprakash Lodge for securing the job. It is alleged that the Applicant, who was working as Manager of the said Hotel, had induced them to engage in prostitution activity. It is alleged that the Applicant was accepting Rs.3,000/-from the customer and was paying them Rs.1,000/-.

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I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime. It is submitted that there is no need of custodial interrogation. It is further submitted that there are no criminal antecedents of similar nature against the Applicant. The Learned Counsel for the Applicant, on instructions, submits that the Applicant, without prejudice to his rights and contentions, is willing to pay an amount of Rs.1,00,000/- to the charitable organisation working for rehabilitation of the victims of prostitution activity.

On the other hand, Learned APP for the Respondent-State submits that the Applicant persuaded the victims to engage in a prostitution activity. It is submitted that the Applicant is involved in one more crime for the offences punishable under Sections 308 read with 34 of the IPC. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail.

I have perused the statement of the victims. From their statements, prima facie, it is difficult to infer that the present Applicant persuaded them to engage in a prostitution activity. There is no need for custodial interrogation. In that view of the matter, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:

ORDER

i. The Anticipatory Bail Application is allowed.

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ii. In the event of the arrest of the Applicant in Crime No.301 of 2025 registered with Kashimira Police Station for the offences punishable under Sections 143(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5 & 8 of the Immoral Traffic (Prevention) Act, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall not commit any other crime.

iv. The Applicant shall not enter into the limits of Kashimira Police Station till conclusion of the trial.

v. The Applicant shall deposit a sum of Rs.1,00,000/- with the following charitable organisation within a period of four weeks and shall submit a receipt to the concerned Police Station. The details are as follows:

Rescue Foundation Registered under Bombay Public Trust Act, 1950 Plot No.39, Fatima Devi Road, Poisar Bus Depot, Kandivali (West), Mumbai Contact : 9820210705 email : [email protected]

vi. Liberty is granted to the prosecution to file an application for cancellation of anticipatory bail in case the Applicant commits breach of any of the above conditions.

The present Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)

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