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Bombay High CourtABA/1912/2025disposed off

Sagar Gangaram Karande v. The State Of Maharashtra And Another

2025-12-02Hon'Ble Shri Justice Mehroz K. Pathan4 pages

2025:BHC-AUG:33357

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1912 OF 2025 Sagar Gangaram Karande

VERSUS

The State Of Maharashtra And Another ...

• Mr. S. E. Shekade, Advocate for Applicant • Mr. A. S. Shinde, APP for Respondents - State ...

CORAM : MEHROZ K. PATHAN, J.

DATED : 02.12.2025 PER COURT :

1.

The applicant - Sagar has approached this Court seeking anticipatory bail in connection with FIR bearing Crime No. FIR No. 0796 of 2025 dated 05.08.2025, registered with Shirdi Police Station, District Ahilyanagar for the offences punishable under Sections 118(2), 118(1), 115(2), 352, 333, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

The case of the prosecution is that the applicant, who is the husband of the informant, was always suspecting her character. On 30.07.2025, under the influence of alcohol, the applicant assaulted the informant. She informed this incident to her father and, on the next day, her father took her to his house. It is alleged that the 1/4

applicant was continuously abusing the informant. On 04.08.2025, at about 10:30 p.m., when the informant and her parents were sleeping in their house, the applicant assaulted her father with an unknown weapon. When the informant attempted to intervene, she was also assaulted. The co-accused Gorakh threw chilli powder and assaulted her with fist and kick blows. Thereafter, the accused persons dragged the informant from the flat. When people gathered at the spot, the accused fled away. On these allegations, the FIR came to be registered.

3.

Learned counsel for the applicant submits that matrimonial disputes have been pending between the applicant - Sagar and the complainant - Shraddha (his wife), for several years. 4.

It is submitted that, even as per the First Information Report, the complainant has been residing separately from the matrimonial home since 2022, and therefore, false implication of the applicant cannot be ruled out. It is further submitted that several proceedings under Section 498-A of the Indian Penal Code and under the Protection of Women from Domestic Violence Act have been initiated by the complainant against the applicant and his family members. On these grounds, it is prayed that the applicant be granted protection. 5.

As against this, the learned APP vehemently opposes the present application, submitting that the incident occurred at the 2/4

residence of the complainant during late night hours at about 10:30 p.m., where the applicant assaulted the complainant with a bamboo stick. The co-accused Gorakh threw chilli powder and both the accused dragged the complainant from the third floor to the ground floor, mercilessly beating her. Despite nearby residents coming to her rescue, the accused continued the assault. As a result, the informant sustained grievous injuries and, therefore, this is not a fit case for grant of anticipatory bail.

6.

I have carefully considered the allegations in the First Information Report as well as the order passed by the learned Sessions Court. A perusal of the record prima facie shows that the applicant - Sagar along with co-accused Gorakh, who is the cousin of the complainant's father-in-law, went to the complainant's house and assaulted her and her father, resulting in grievous injuries to the complainant. The neighbours came to her rescue, the complainant was dragged by the applicant towards the vehicle, and thereafter, the accused fled from the spot. The complainant was required to be hospitalised for treatment at Sai Baba Hospital. The investigation is in progress and the applicant is absconding since the registration of the offence.

7.

Taking into consideration the nature and gravity of the allegations, the grievous injuries sustained by the complainant, and 3/4

the need for custodial interrogation to carry out a proper investigation, I am not inclined to exercise discretion in favour of the present applicant.

8.

Hence, the application stands rejected.

( MEHROZ K. PATHAN, J. ) 4/4