Kunda Karnasaheb Pawar And Others v. The State Of Maharashtra
2025:BHC-AUG:29520
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
939 ANTICIPATORY BAIL APPLICATION NO.1570 OF 2025 1.
Kunda Karnasaheb Pawar 2.
Sarita Pandurang Pawar 3.
Shubham Karnasaheb Pawar ....Applicants
Versus
The State of Maharashtra .....Respondent .....
WITH ANTICIPATORY BAIL APPLICATION NO.1649 OF 2025 Pandurang Dharmaji Pawar ... Applicant
Versus
The State of Maharashtra ... Respondent .....
In both the Applications Shri. V. D. Hon, Senior Advocate i/by. Shri. Narendra D. Sonavane, Advocate for the Applicants Shri. C. V. Bhadane, APP for the Respondent - State. .....
CORAM : NEERAJ P. DHOTE, J.
Dated :
OCTOBER 15, 2025 COMMON ORDER :- .
Heard the learned Senior Advocate for the Applicants and the learned APP for the State. Perused the papers on record. 2.
The Informant - Vilas Baban Aaynar gave Report on 04.08.2025 that, in the intervening night of 03rd and 04th August, 2025 while he was returning home at Amalner in the four wheeler from Panegaon and reached Laxmi Corner near Karajgaon, he noticed one pick up vehicle
standing in middle of the road. He blew the horn. The pick up was started and it gave dash to his car. The Applicants and Co-accused got down from the said pick up. The Co-accused broke the windshield of the car and the Applicants and the Co-accused assaulted him with weapons like Sword, Iron Rod, etc. The Informant managed to escape and with the help of the Witness, who met on the way, went to the Hospital for treatment. On his Report, the Crime bearing No.0288/2025 came to be registered with Sonai Police Station, Dist. Ahilyanagar for the offence punishable under Sections 109(1), 124(1), 118(2), 189(2), 191(2), 191(3), 190, 324(4), 324(5), 126(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').
3.
Undisputedly, the Applicants are named in the said Report lodged by the Informant. In the Report, the role attributed to Applicant - Pandurang is the assault by Sword on the hand of the Informant, the role attributed to Applicant - Kunda is the assault by Koyta on the thigh of the Informant, the role attributed to the Applicant - Shubham is the assault by Iron Rod on the back of the Informant and the role attributed to the Applicant - Sarita is that she threw the chilly powder on the face of the Informant. The medical papers show that, the Informant suffered some simple and some grievous injuries. Undisputely, the Applicant - Pandurang had lodged the Report with the same Police Station and Crime bearing No.0289/2025 came to be registered for the offence
punishable under Sections 109(1), 118(2), 189(2), 190, 191(2), 191(3), 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') against the Informant and Others. In the said FIR, the Applicant - Pandurang stated about incident of assault on him by the Accused therein at the instance of the Informant - Vilas due to the previous incident. It is further stated in the Report by the Applicant - Pandurang that, in the night of 03.08.2025, the Informant - Vilas with Co-Accused threw stones on his house and while he was returning home after giving Report to the Police, the incident of assault took place. 4.
It is shown by the learned Senior Advocate for the Applicants that, the Applicant - Pandurang had suffered severe injuries and was hospitalized. This shows that, there is a case and cross-case out of the some incident. It is informed that, the Co-accused came to be arrested and enlarged on bail. At this stage, it is not possible to ascertain as to which side was aggressor. Two of the Applicants are women, one Applicant is young boy and the Applicant - Pandurang appears to be severely injured. Considering these aspects, I proceed to pass the following order.
ORDER
i) The Applications are allowed.
ii) In the event of arrest of the Applicants, namely, Kunda Karnasaheb Pawar, Sarita Pandurang Pawar, Shubham Karnasaheb Pawar and Pandurang Dharmaji Pawar, in connection with Crime
No.0288/2025 registered with Sonai Police Station, Dist. Ahilyanagar, they be released on bail on executing P.B. of Rs.15,000/- (Rupees Fifteen Thousand) each, with one or two surety/sureties in the like amount. iii) The Applicants shall attend the concerned Police Station on 18.10.2025, 19.10.2025 and 20.10.2025 and thereafter as and when called.
iv) The Applicants shall not tamper with the evidence of the Prosecution in any manner.
v) The Applicants shall cooperate with the investigating machinery. vi) Bail before the Trial Court.
vii) The Applications stand disposed off.
( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 16/10/2025 19:06:58