Kachru Murlidhar Gadse v. State Of Maharashtra
Digitally signed by CHITRA SANJAY SONAWANE Date:
2025.07.05 18:30:14 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 905-aba-1809-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1809 of 2025 Kachru Murlidhar Godse, Age: 62 yrs, Occ: Agriculture R/o 511, Lamb Road, Godse Mala, Dastagir Baba road, Deolali camp, Dist.Nashik ... Applicant.
Vs.
The State of Maharashtra Through Sr PI, Adgaon Police Station, Adgaon, Nashik.
... Respondent.
--- Mr Ramesh Dube Patil a/w Ashish Gabhale, and Ivaa Dube Patil i/by Jay & Co. for the applicant.
Mr Anand Shalgaonkar, APP for the respondent / State. API SG Kale, Adgaon police station, Nashik city. --- Coram : R.N.Laddha, J.
Date : 4 July 2025.
P.C. :
By this application, the applicant seeks pre-arrest bail in connection with CR No.142 of 2025, registered at Adgaon Police Station, Nashik City, for offences punishable under Sections 109(1), 127(2), 132, 351(2), 351(3), and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2.
The prosecution alleges that on 30 April 2025 at Page No. 1 of 5
Chitra Sonawane 905-aba-1809-25.doc around 7:00 p.m., while a state transport bus carrying passengers was en route from Nashik to Akkalakuwa, the driver of a car overtook and blocked the bus. The driver and another individual from the car confronted the injured bus driver and accused him of cutting them off. The confrontation escalated to verbal abuses, threats, and a physical assault, during which the accused subjected the injured to punches and kicks targeting his face, abdomen, back, and genital area, rendering him unconscious in an attempt to kill him. The informant then admitted the injured to Lokmanya Multi-Speciality Hospital, Nashik. 3.
Mr Ramesh Patil, the learned Counsel appearing on behalf of the applicant, asserts the applicant's innocence and contends that the applicant and his family members were travelling in their car to attend a Haldi ceremony when the bus driver, in an inebriated state, drove the bus in a rash and negligent manner and collided with the applicant's vehicle. When the co-accused, the applicant's son, confronted the injured bus driver, he alighted from the bus, verbally abused and assaulted him. The applicant and the passengers of the bus attempted to intervene and de-escalate the dispute, but the injured abused and assaulted them as well. The learned Page No. 2 of 5
Chitra Sonawane 905-aba-1809-25.doc Counsel submits that the applicant is ready to surrender the car and abide by any conditions the Court imposes if granted bail.
4.
Mr Anand Shalgaonkar, the learned Additional Public Prosecutor representing the respondent/ State, opposes the applicant's request and submits that the accused physically assaulted the injured bus driver by repeatedly punching and kicking him in the face, abdomen, back and genitals, resulting in injuries. However, the learned APP fairly acknowledges that the investigation is almost complete and, except for the car, nothing remains to be recovered or discovered from the applicant. He expresses concerns about potential evidence tampering and witness influence if the applicant is granted bail.
5.
From a cursory reading of the records, it appears that the applicant and the co-accused are accused of physically assaulting the injured bus driver with punches and kicks directed at his face, abdomen, back and genital area. Following the alleged incident, the injured bus driver lost consciousness and was subsequently admitted to Lokmanya Multi-Speciality Hospital, Nashik, by the informant. A Page No. 3 of 5
Chitra Sonawane 905-aba-1809-25.doc perusal of the injury certificate issued by the Hospital indicates that the injuries reported by the informant do not correspond with the claims of genital assault referenced in the FIR. The purported incident transpired at approximately 7:00 p.m. on 30 April 2025, yet the crime was reported only on 1 May 2025 at approximately 11:34 p.m. The applicant, who is approximately 62 years of age, has expressed willingness to surrender the vehicle in question. The investigation has progressed to an advanced stage and nothing is to be recovered from the applicant except the car allegedly used while committing the alleged crime to which the applicant has expressed his willingness to surrender before the investigating agency. To alleviate the prosecution's apprehensions regarding potential tampering of evidence and influence over witnesses, appropriate conditions can be imposed.
6.
In the circumstances, this Court is inclined to exercise its discretion in favour of the applicant. Hence, the following order:
ORDER
(i) In the event of the applicant's arrest in connection with CR No.142 of Page No. 4 of 5
Chitra Sonawane 905-aba-1809-25.doc 2025, registered at Adgaon Police Station, Nashik City, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
(ii) The applicant shall attend the concerned Police Station on 18 July 2025 to surrender his car, and as and when required by the investigating officer.
(iii) The applicant, himself or through any other person, shall not tamper with the evidence or influence any witnesses.
7.
The application stands disposed of accordingly. [R. N. Laddha, J.] Page No. 5 of 5