Karan Bharat Katariya v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2039 OF 2025 Karan Bharat Katariya ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Akshay Bankapur, for the Applicant.

Ms. S.K. Gajre, APP, for the Respondent-State. Mr. Amol Surywanshi, PSI, attached to Nashik Taluka Police Station, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

10th NOVEMBER 2025 PC:- 1.

Heard Mr. Bankapur, learned Counsel appearing for the Applicant and Ms. Gajre, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") by the Applicant seeking pre-arrest bail in connection with C.R. No.80 of 2025 registered on 07th June 2025 with the Nashik Taluka Police Station, Nashik, for the offences punishable under Sections 109, 115(2), 118(1),

137(2), 351(1) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

It is the submission of Mr. Bankapur, learned Counsel appearing for the Applicant that, in fact, the First Informant has committed offence of rape on the sister of the Applicant on 16th May 2025 and in connection with the same C.R. No.161 of 2025 has been registered with Gangapur Police Station, Nashik City on 24th June 2025. He submits that the incident in question has taken place on 06th June 2025 as a result of the the crime of rape committed on the sister of the present Applicant by the First Informant. He submits that the assault is by baseball bat and the injuries are not grievous.

4.

On the other hand, Ms. Gajre, learned APP submits that the offence is very serious. The First Informant had received grievous injuries and he was unconscious for some time. She further submits that there is one antecedent being C.R. No.318 of 2024 registered under Sections 309(6), 115, 352, 351(2)(3), 125 and Section 3(5) of the BNS.

5.

Perusal of the record shows that the incident in question has taken place on the spur of the moment . The FIR has already been lodged against First Informant in the present C.R. No.80 of 2025 being C.R.No.161 of 2025 registered with Gangapur Police Station, Nashik City.

6.

Accordingly, the case is made out for grant of Anticipatory Bail by imposing certain conditions.

7.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant- Karan Bharat Katariay in connection with C.R. No.80 of 2025 registered with the Nashik Taluka Police Station, Nashik the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 02:00 p.m. till filing of the chargesheet and shall cooperate

with the investigation. In addition, the Applicant shall attend the concerned Police Station as and when called.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

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

8.

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