Maruti Suryaba Garande @ Galande v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2962 OF 2025 Maruti Suryaba Garande @ Galande ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Mahalakshmi Dakshinamurthy h/f. Mr. Sachinkumar Rajepandhare, for the Applicant.

Mr. A. R. Metkari, APP, for the Respondent-State. Mr. Digambar Sontakke, PSI, attached to Loni-Kalbhor Police Station, Pune City, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

3rd NOVEMBER 2025 PC:- 1.

Heard Ms. Mahalakshmi Dakshinamurthy, learned Counsel appearing for the Applicants and Mr. Metkari, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Surakasha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.309 of 2025 registered with Loni-Kalbhor Police Station, Pune City, Pune, for the offence punishable under Sections 118(1) and 352 of the Bharatiya Nyay Sanhita, 2023.

3.

The prosecution case and reasons for rejection of Anticipatory Bail Application filed before the learned Additional Sessions Judge are recorded in paragraph Nos.7 and 8 of the order dated 12th September 2025 passed in Criminal Bail Application No.490 of 2025. The said paragraph Nos.7 and 8 read as under: "7. On perusal of material available on record it appears that, the informant has lodged report on 07.07.2025 contending therein that on 06.07.2025 in the evening at about 05.00 p.m. he from his house proceeded to go to his agriculture land. At about 05.30 p.m. when he was going by the road going from Hotel 77 near New Canal at that time, Nandu Zende, Ajit Kisan Kunjir, Anand Kardile, Kanifnath Surawase, Mahendra Kunjir and Maruti Galande were sitting and chitchatting there. On seeing them, he went near them.

On seeing him the applicant started abusing him. He told the applicant not to abuse him. On which the applicant took the scissor of cutting rose and assaulted him in his stomach. He sustained grievous injury in his stomach and he sat down. Thereafter, the applicant lifted the brick lying there and assaulted him. At that time, Mahendra Kunjir and Anand Kardile caught him. He sustained grievous injury and he was hospitalized at Sai Seva Hospital, Kunjirwadi.

8. The material available on record shows that, the applicant had assaulted the informant in his stomach by scissor. The informant had sustained grievous injury. The clothes of the applicant worn by him at the time of incident is to be recovered at the instance of applicant. There are eye witnesses to the incident. The investigation of the offence is in progress. Therefore, if the applicant is released on

anticipatory bail there are chances that he may pressurize the witnesses and tamper the evidence of prosecution. Therefore, taking into consideration the seriousness of offence and chances of tampering the evidence of prosecution in my opinion, the applicant is not entitle to the discretionary relief of anticipatory bail. In view thereof, I proceed to pass following order :-

ORDER

Application is rejected."

4.

Ms. Mahalakshmi Dakshinamurthy, learned Counsel appearing for the Applicant submits that the incident took place during sudden fight and there was no intention to commit the crime. She submits that there are no antecedents against the Applicant. Learned Counsel for the Applicant submits that the Applicant will completely co-operate with the investigation. She submits that the Applicant is ready and willing to stay outside the jurisdiction of Loni-Kalbhor Police Station, Pune City, Pune as there is apprehension of tampering of the evidence and that the Applicant will reside at Village Gonewadi, Mangalvedha, Tal. Mangalwedha, Dist. Solapur.

5.

Mr. Metkari, learned APP strongly opposes the Anticipatory Bail Application. He submits that the injuries are grievous and therefore, the custodial interrogation of the Applicant is necessary. 6.

Perusal of the record shows that the injured has sustained grievous injuries, however, the incident has taken place on a spur of moment. The Applicant has no criminal antecedents. 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-Maruti Suryaba Garande @ Galande in connection with C.R. No.309 of 2025 registered with the Loni-Kalbhor Police Station, Pune City, Pune, 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 not enter the jurisdiction of LoniKalbhor Police Station, Pune City, Pune till the conclusion of the trial, if the chargesheet is filed

except, when called by the Investigating Officer and for attending the trial, if any.

(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.] Digitally signed by SONALI MILIND PATIL Date:

2025.11.03 18:12:06 +0530 SONALI MILIND PATIL