Court Cites Lack of Need for Custodial Interrogation as Devices Seized, Grants Interim Protection with Conditions
In a significant development, the Bombay High Court has granted anticipatory bail to Kamakhya Prasad Das, who was embroiled in a case involving allegations of participation in a commemoration event and possession of literature supporting Maoist ideology. The decision was delivered by Justice Prafulla S. Khubalkar on August 14, 2026, in response to an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The case dates back to October 12, 2025, when Das, along with other accused, participated in an event commemorating the death anniversary of G. N. Saibaba, a former member of the Revolutionary Democratic Front associated with the banned CPI (Maoist). The complainant alleged that slogans supporting Maoist activities were raised during the event, leading to the registration of an FIR against nine individuals, including Das.
During the proceedings, Senior Advocate Mihir Desai, representing Das, argued that the applicant's involvement was limited to attending the event and raising slogans. Desai highlighted that Das's mobile phone and laptop had already been seized, reducing the necessity for custodial interrogation. The Sessions Court had previously granted interim protection to Das, which had been in effect since October 18, 2025.
The prosecution, represented by Special Public Prosecutor Shishir Hiray, opposed the bail application, citing the discovery of Maoist literature on Das's devices and the deletion of certain data. Hiray contended that custodial interrogation was essential to ascertain the deleted information and Das's intentions behind downloading the contentious literature.
Justice Khubalkar, in his judgment, noted that the allegations primarily revolved around slogan-raising and literature possession, which at this stage, did not constitute an offense warranting custodial interrogation. The court emphasized that Das's devices were already seized, and interim protection was appropriate, subject to conditions.
The court directed Das to cooperate with the investigation by attending the police station on specified dates and disclosing any relevant literature. The interim protection prevents arrest until the next hearing, scheduled for August 31, 2026.
This judgment underscores the court's balanced approach in handling cases involving allegations of ideological support, ensuring that individual rights are protected while allowing the investigation to proceed within legal bounds.
Bottom Line:
Anticipatory bail granted in a case involving allegations of participation in a commemoration event and possession of literature supporting Maoist ideology, considering the seizure of devices and lack of need for custodial interrogation.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Bharatiya Nyaya Sanhita, 2023 Sections 189(2), 190, 192, 196, 197, 223, Maharashtra Police Act, 1951 Sections 37(1)(a), 37(3), 135.
Kamakhya Prasad Das v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2962205
