Kashinath Rambhau Pangarkar And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.09.20 21:12:38 +0530 ANTICIPATORY BAIL APPLICATION NO.1132 OF 2025 ARJUN VITTHAL KUDHEKAR

1. Kashinath Rambhau Pangarkar

2. Asha Kashinath Pangarkar ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Ravindra S. Pachundkar, for the Applicants. Mr. S. A. Karmarkar, APP, for the Respondent-State. Mr. Parmeshwar Godase, Saswad Police Station, District - Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

20 SEPTEMBER 2025 PC:- 1.

Heard Mr. Pachundkar, learned Counsel appearing for the Applicants and Mr. Karmarkar, learned APP for the RespondentState of Maharashtra. 2.

Applicant No.1 (Accused No.3) and Applicant No.2 (Accused No.2) by way of the present Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are seeking pre-arrest bail in connection with CR No.28 of 2025 registered with the Saswad Police Station, District - Pune, for the offences punishable under Sections 333, 118(1), 189(2),

191(2), 190, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in Paragraph No.2 of the Order dated 5th February 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.503 of 2025, which reads as under :- "2] The facts related to report lodged are that on 18/01/2025 at 8:30 p.m. the informant and one of his colleagues were standing in front of Hotel Santosh where they were serving, the mother of adjacent Hotel owner i.e. of Hotel Bhagyashree, was abusing them. Therefore, the informant inquired about the reason. She got annoyed. Subsequently, mother of owner of said hotel, Hrushikesh Pangarkar and his father Kashinath Pangarkar beat him by fist and kick blows. Immediately, owner of his hotel namely Sunny Sutwad, friend of the informant namely Niteshsingh Mangalsingh Yadav and Arvind Chandar intervened and rescued him.

Said accused persons abused all the three interveners. They threatened them and also beat them by fist and kick blows. Asha Pangarkar took a bite on his left wrist and on the left wrist of his friend Arvind Pangarkar Sunny Sutwad, anyhow, rescued them and requested them to proceed in the hotel. Thereafter, Hrushikesh Pangarkar made a phone call and he thereby called Akash Bathe, Sainath Badhale, Chinya Pangare, Onkar and Akshay Pangare and thereby formed an unlawful assembly. They entered into the hotel. Onkar picked up a fork that was lying on the table and assaulted the informant on his stomach and nose and also assaulted Nitesh on his neck and left cheek.

them by fist and kick blows and abused him by giving intimidation. Therefore, he lodged report."

4.

It is the submission of Mr. Pachundkar, learned Counsel for the Applicants that there are a total of 8 Accused and except the Applicants all other Accused have been arrested on 21st January 2025 and they have been released on bail by the learned Additional Sessions Judge, Pune by the said Order dated 5th February 2025. He submits that the investigation is completed and the Charge-sheet has been filed on 19th April 2025 and therefore the Applicants be granted pre-arrest bail.

5.

On the other hand, Mr. Karmarkar, learned APP strongly opposes the Anticipatory Bail Application. He submits that the Applicants have played the major role in the crime. 6.

Perusal of the record shows that the incident took place suddenly. Hotel Santosh situated at Ketkavale, Taluka-Purandar, District-Pune, is belonging to Accused No.1-Hrushikesh Pangarkar. The Applicants are the parents of said Hrushikesh Pangarkar. The Informant and his colleagues were working in said Hotel Santosh. On the date of the incident i.e. on 18th January 2025 at 08:30 pm,

the Informant and one of his colleague were standing in front of the Hotel Santosh, for the purpose of attracting the customers at Hotel Santosh. However, a car was stopped and went to an adjoining hotel - 'Hotel Bhagyashree' and therefore the Applicant No.2 (Accused No.2) i.e. mother of Accused No.1 - Hrushikesh Pangarkar started abusing the Informant and his colleague and thereafter the Applicant No.1 (Accused No.3) i.e. father of Accused No.1 along with said Accused No.1-Hrushikesh Pangarkar and other Accused came there and assaulted the Informant and his colleagues. Thus, it is clear that the incident in question has taken place suddenly. As the Charge-sheet is filed on 19th April 2025, the investigation is completed.

7.

Accordingly, the case is made out for grant of anticipatory bail. In view thereof, the following Order is passed:

O R D E R

(a) In the event of arrest of the Applicant No.1 - Kashinath Rambhau Pangarkar and Applicant No.2 - Asha Kashinath Pangarkar, in connection with CR No.28 of 2025 registered with the Saswad Police

Station, District - Pune, they be released on bail on their furnishing PR Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicants shall attend the concerned Police Station as and when called by the Investigating Officer and shall cooperate with the investigation/further investigation, if any.

(c) The Applicants shall furnish their cell phone numbers and residential addresses to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicants shall not leave India without prior permission of the Court.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]