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Bombay High CourtABA/1461/2025disposed off

Karan Sunil Liman v. State Of Maharashtra

2025-06-03Hon'Ble Shri Justice Ashwin D. Bhobe5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1461 OF 2025 Karan Sunil Liman ...Applicant

Versus

The State of Maharashtra

...Respondent

_______________________________________________________ Mr. Abhay A. Jadhavar a/w Mr. Shivaji Naiknaware, for the Applicant.

Ms. Gauri.S. Rao, APP for Respondent-State.

_______________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATE : 3rd JUNE, 2025 (VACATION COURT) P.C. :- 1.

Heard Mr. Abhay A. Jadhavar, learned Advocate for the Applicant and Ms. Gauri S. Rao, learned APP for RespondentState. 2.

By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the Applicant is seeking Anticipatory Bail in connection with FIR No. 125 of 2025 dated 31.03.2025 registered with Rajgad

Police Station, Pune under Sections 109, 118(2), 115(2), 189, 189(2), 191(2), 191(3), 190, 333, 352, 351(2), 351(3) of Bharatiya Nyaya Sanhita, 2023 (for short "BNS"). 3.

Anticipatory Bail Application No.2222 of 2025 filed by the Applicant before the learned Sessions Court was rejected vide order dated 17.05.2025.

4.

Case of the prosecution as revealed from the investigation is that on 22.03.2025 a complaint was made to the Respondent-Police Station by the Complainant alleging that while he was proceeding for a dinner to the house of his relative, the Applicant and other 3 persons assaulted the Complainant resulting in injuries being caused to the Complainant. Records indicate that though allegations are of several blows by dangerous weapon, the Injury Certificate placed in the investigation record show that the informant has sustained fracture injuries on left ulna of the Complainant. 5.

There are 5 Accused named in the present crime. Out of 5 Accused, accused by name Bharat Shantaram Liman has been enlarged on Anticipatory Bail vide order dated

17.05.2025. Other Accused by name Kunal Ranganatha Liman has been enlarged on Regular Bail vide order dated 15.05.2025 passed in Criminal Bail Application No.2543 of 2025.

6.

Learned Advocate for the Applicant states that there are complaints and counter complaints filed by the Applicant/ relatives of the Applicant and the Complainant on the other side. He submits that the Applicant has no criminal antecedents. He states that the investigation in the crime is complete and custodial interrogation of the Applicant is not required.

7.

Learned APP appearing on behalf of the Respondent submits that the Applicant is involved in the crime which is a serious offence. She states that the role and the presence of the Applicant in the crime is referred to in the FIR. She further submits that the Applicant has used a hockey stick as a weapon and assaulted the Complainant. She submits that there is no material available before the Investigation Officer to show that the Applicant has any criminal antecedents.

Learned APP fairly states that the injury as per the Injury Certificate is of simple nature.

8.

I have given due consideration to the arguments advanced by the learned Advocates and gone through the records with the able assistance of the learned Advocates. 9.

From the records, considering the allegations against the Applicant, the injury suffered by the Complainant being to his hand, nature of the same being simple injury, as submitted by the learned APP for the Respondent. Other Accused Mr. Bharat Liman is granted pre-arrest bail by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.2222 of 2025. Applicant having no criminal antecedents, I am inclined to exercise discretion in favour of the Applicant to grant him pre-arrest bail. In view of the above, custodial interrogation of the Applicant in this case is not required.

10.

In view of the above the Applicant is entitled to prearrest Bail, subject to the following conditions: (a) In the event of arrest of the Applicant in FIR No.125 of 2025 registered with Rajgad Police Station, Pune the Applicant

is directed to be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount to the satisfaction of the learned Additional Sessions Judge, Pune.

(b) Applicant shall attend the Rajgad Police Station, Pune and report to the Investigation Officer on Monday of every week commencing from 09.06.2025 from 10.00 a.m. to 2.00 p.m. In the event the Investigation Officer, Rajgad Police Station, Pune requires the Applicant on any other day, the Applicant shall comply with the said instructions of the Investigation Officer.

(c) Applicant shall not threaten or influence any of the witnesses or tamper with the evidence in any manner. (d) Applicant shall cooperate with the investigation. 11.

In view of the above, Anticipatory Bail Application No.1461 of 2025 is allowed.

[ ASHWIN D. BHOBE, J. ]