HC declares city builder’s arrest in a rape case illegal, orders his release from jail

MUMBAI: The Bombay High Court on Tuesday declared the arrest of a prominent city builder, accused of raping a relative multiple times after blackmailing her with her private pictures he had taken when she was under influence of alcohol during a foreign family trip, and ordered his immediate release

MUMBAI: The Bombay High Court on Tuesday declared the arrest of a prominent city builder, accused of raping a relative multiple times after blackmailing her with her private pictures he had taken when she was under influence of alcohol during a foreign family trip, and ordered his immediate release.

“The arrest of the petitioner is illegal on account of not furnishing him the grounds of arrest,” said justice Shyam C Chandak while declaring the builder’s arrest illegal. “This is impermissible in law as it is against the safeguards provided to protect the Constitutional rights of a person arrested by a police without warrant,” the court added and struck down magisterial court orders, remanding him from time to time.

The Tardeo police on May 21, 2026, registered an FIR against the builder following a complaint lodged by the woman. She informed the police that they are related and as such shared cordial family relations. She added that during a joint family trip to London in August 2024, the accused had filmed her while she was under influence of alcohol and used the pics to blackmail her and coerce her to maintain physical relationship with him and sexually exploited her.

She further alleged that in May 2026 after the builder started blackmailing her and demanded ₹50 lakh, she gathered courage and approached the police, resulting in registration of the FIR and the builder’s arrest on May 21 itself.

The builder had approached the high court, claiming that his arrest and subsequent detention in the case was illegal, as he was not furnished the grounds of arrest before the police took him in custody.

His counsel, senior advocate Abad Ponda, pointed out that no brief details of the prosecution story or the allegations made against him were furnished to the petitioner and as such, his arrest was illegal and he deserved to be released from jail.

Additional public prosecutor Sangeeta Shinde opposed the prayer claiming that when the accused was called at the police station immediately after filing of the report by the woman, he was made aware of the allegations leveled against him.

Besides, she said he did not raise any objections when he was produced before the court for the first remand and in any case he has not demonstrated that a serious prejudice was caused to him on account of non-furnishing of the grounds.

The court, however, accepted arguments advanced on behalf of the builder after noticing that the grounds were not conveyed to him before his arrest and therefore ordered his release from jail.