Balkrushna Bharat Karanjkar v. The State Of Maharashtra And Another

2025:BHC-AUG:17828 1 of 4 924-ABA.708.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 ANTICIPATORY BAIL APPLICATION NO. 708 OF 2025 Balkrushna Bharat Karanjkar ....Applicant

Versus

1.

The State of Maharashtra, Through Officer In-charge, Police Station Kallam, District Dharashiv.

2.

The Superintendent of Police, Dharashiv, District Dharashiv.

....Respondents .....

Mr. Sudarshan J. Salunke, Advocate for Applicant. Mr. R. S. Wani, APP for Respondents-State.

.....

CORAM :

ADVAIT M. SETHNA, J.

DATE :

9th JULY, 2025 P.C.:- .

Heard learned Advocate for the parties for some time. 2.

The Applicant has filed this Anticipatory Bail Application as he apprehends arrest. The FIR is registered on 19 February 2025 in C.R. No.0071 of 2025 under Sections 118(1), 352 and 118(2) of Bharatiya Nyaya Sanhita, 2023 ("BNS") with Kallam Police Station, District Dharashiv.

3.

At the very outset, Mr. Salunke, learned Advocate for the Applicant and Mr. Wani, learned APP for Respondents-State have drawn the Court's attention to the order dated 29 April 2025. By such

2 of 4 924-ABA.708.2025 order, the Applicant is protected subject to certain terms and conditions which are set out in the said order. During the course of arguments today, Mr. Wani would emphatically submit that there are two injuries inflicted by this Applicant on the informant. The injury certificate dated 16 March 2025 is also enclosed, when he was examined on 19 February 2025, would reveal that such injuries are grievous in nature amounting to fracture of the proximal Shaft of Ulna, fourth mid finger of right hand. In other words, it appears to be the injury in the nature of fracture on the right hand of the informant. It also appears that pursuant to such injuries, the informant has recovered. There are no injuries on any vital parts of the body. A perusal of the FIR would reveal that the incident dated 19 February 2025 is a result of a road rage, where the informant's motorcycle was stopped and when asked by him why it was stopped, the accused who followed the informant, as noted in the FIR, led to an altercation.

4.

Prima-facie, it appears that the ingredients of sections alleged are not coming to the force. At this stage, as far as the Applicant is concerned, Mr. Wani would further submit that alleged weapon/axe, is recovered. The Applicant has no criminal antecedents. He has abided by the terms and conditions imposed in the order dated 19 April 2025. The prosecution does not have grievance in this regard. In fact, it is submitted that the Applicant has cooperated with the investigation.

3 of 4 924-ABA.708.2025 This would indicate that the Applicant has joined with the investigation. In such facts and circumstances, though Mr. Wani would oppose to grant any relief, in this application, custodial interrogation of the Applicant in the present factual situation is not necessary. In the above facts and circumstances, it is fair, just and proper to confirm the order dated 29 April 2025, subject to conditions to be abided by the Applicant. Hence, the following order is passed, which is in my view would meet the ends of justice :-

O R D E R

(i) In the event of arrest of Applicant in connection with C.R. No.0071 of 2025 registered with Kallam Police Station, District Dharashiv, for the offences punishable under Sections 118(1), 352 and 118(2) of the Bharatiya Nyaya Sanhita, 2023, Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.20,000 (Rupees Twenty Thousand Only) with one or more sureties in the like amount.

(ii) The Applicant shall cooperate with the investigation and shall attend the concerned police station as and when required/called for, until filing of charge-sheet. (iii) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station.

(iv) The Applicant shall not leave the jurisdiction of the Court without prior permission/order of the Court, until further orders.

4 of 4 924-ABA.708.2025 (v) The Applicant shall not influence the witness/es and/or tamper evidence in any manner whatsoever.

5.

As the recovery was already effected from the spot of the incident.

6.

Anticipatory bail application is Allowed in the above terms. 7.

Needless to mention that the observations are prima-facie for the purposes of adjudication of this anticipatory bail application. (ADVAIT M. SETHNA, J.) Tauseef