Mahadev Urf Rameshwar Kute And ANR. v. State Of Maharashtra Thr Pso Ps Dongaon, Tq Mehkar Dist Buldhana

2025:BHC-NAG:10768 1 aba.695.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 695/2025 Mahadev @ Akash Rameshwar Kute and Anr.

Vs.

The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M. N. Ali, Advocate for the Applicants.

Mr. N. R. Rode, A.P.P. for the Non-applicant/State. CORAM : MRS.VRUSHALI V. JOSHI,J.

DATED : 10/10/2025.

.

Heard.

2.

The applicants have apprehension of arrest in connection with Crime No.116/2025 registered at Police Station, Dongaon, District Buldhana for the offences punishable under Sections 118(1), 118(2), 115(2), 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, 3.

On the complaint lodged by one Shivprasad an offence is registered against the applicants. The family members of both the groups were having dispute in regard to Dhura of the agricultural field and because of that the incident took place on 22.05.2025. There was verbal altercation and the applicants gave threats to the family of the complainant of dire consequences and assaulted with Axe. There was scuffle between both the families. Both of them beat each other with kicks, fist and blows. These applicants also pelted stones on the house of the complainant and his family caused serious injuries. On the basis of the information, the First Information Report was registered.

2 aba.695.25 4.

The learned Counsel for the applicant has stated that there is counter First Information Report. Other two accused are released on bail. The complaint was lodged by the wife of the applicant No.2. The co-accused Rameshwar Kute and Ravi Kute have already been granted bail by the Sessions Court. There is one pending case against the applicant No.2, which cannot be treated as a disqualification. There is civil litigation pending before the Civil Court at Mehkar. Hence, prayed to protect the applicants by granting anticipatory bail.

5.

The learned A.P.P. has opposed the application stating that the grievous injuries are caused to the family members of the complainant. The role played by these applicants is assault by Axe. The other co-accused are released on regular bail, the custodial interrogation of these applicants is necessary. Hence, prayed to reject the application.

6.

Heard both the learned Counsel for the respective parties.

7.

The serious injuries on forearms is caused. The axe is used in the said offence. Considering the Medical Report and injuries caused to the injured and also considering the assault by these applicants, this is not a fit case to release the applicants on bail.

8.

Hence, the application is rejected.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule