Santosh Dagdu Kardile v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3065 OF 2025 Santosh Dagdu Kardile ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Aniket Vagal a/w Savvy Kolhekar a/w Juhi Kadu, for the Applicant.

Mr. S.A. Karmakar, APP, for the Respondent-State. N. S. Bhoi, Head-constable, attached to Ranjangaon MIDC Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

07th NOVEMBER 2025 PC:- 1.

Heard Mr. Aniket Vagal, learned Counsel appearing for the Applicant and Mr. Karmakar, learned APP appearing for the Respondent-State.

2.

This application is filed by the Applicant under Section 438 of the Code of Criminal Procedure, 1973 ("CrPC") seeking prearrest bail in connection with C.R. No.287 of 2025 registered on 20.08.2025 with Ranjangaon MIDC Police Station, Pune (Rural) for the offences punishable under Sections 118(2), 352, 351(2),

351(3) and Section 3(5) of the Bharatiya Nyaya Sanhita Act, 2023 ("BNS").

3.

The prosecution case is set out in pargraph No.2 of order dated 29th October 2025 passed by learned Aditional Sessions Judge, Pune in Bail Application No.6690 of 2025. The said paragraph No.2 reads as under :- "2. Prosecution Case :- The incident happened on 17th August 2025 at about 1.10 PM in gat no.2356/4 situated at mouje Kardilewadi, Tal.Shirur, Dist. Pune. At that time the informant Bhalachandra Subhash Kardile along with his mother Latabai Subhash Kardile and father Subhash Bhairu Kardile had gone to his land Gat no.2356/4. At that time he had brought JCB to make a road on Bund of this land. At that time Santosh Kardile i.e. applicant who is the cousin brother of informant along with Maruti Balu Fargade, Ashish Sonba Dasgude, Yogesh Gangaram Kardile, Subhash Gabbaji Kardile came there through two cars.

At that time Santosh Kardile questioned informant why he was in his land which is in his possession and warned him not to continue the further work. The applicant also assaulted informant Bhalchandra Kardile by wooden stump on his head, hand and shoulder. When the parents of informant came to rescue him at that time Santosh Kardile abused them and threatened them to kill.

threatened to kill. So the report was lodged by informant Bhalchandra Kardile."

4.

It is a main contention of Mr. Aniket Vagal, learned Counsel appearing for the Applicant that there are cross complaints. He submits that the Applicant has also lodged FIR No.288 of 2025 on 21st August 2025 under Sections 118(1), 190, 191(2) and Section 191(3) against 8 persons including the First Informant i.e. Bhalchandra Subhash Kardile in C.R. No. 287 of 2025. He submits that the Applicant is also injured. He further submits that the other Co-Accused in this case are also injured. He submits that the Accused No.4 has been released on bail by the learned Sessions Court. He submits that the Applicant will cooperate with the investigation.

5.

On the other hand, Mr. Karmakar, learned APP strongly opposes the Anticipatory Bail Application. He submits that the role of the Co-Accused - Yogesh Gangaram Kardile to whom the Anticipatory Bail is granted by the learned Sessions Court is totally distinct. As far as the present Applicant is concerned he has actively participated in the crime and therefore, the Anticipatory Bail Application be rejected.

6.

Perusal of the record shows that there are cross complaints. As far as the subject crime is concerned there are total 4 Accused. As far as the FIR No.288 of 2025 lodged by the present Applicant there are total 8 Accused including the First Informant in the subject FIR i.e CR No.287 of 2025. There are injuries on the Accused who are involved in the present Crime. 7.

Thus, the case is made out for grant of Anticipatory Bail by imposing strict conditions.

8.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant- Santosh Dagdu Kardile in connection with C.R. No. 287 of 2025 registered with the Ranjangaon MIDC Police Station, Pune (Rural) 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 13th November 2025 & 14th November 2025 between 11:00 a.m. to 01:00 p.m. and thereafter once a week till filing of the chargesheet and shall cooperate with the investigation.

(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.

9.

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