Lalita Kantilal Bharati v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3072 OF 2025 Suraj Prakash Narute & Anr.
...Applicants
Versus
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.4260 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.3072 OF 2025 Lalita Kantilal Bharati ...Applicant
IN THE MATTER BETWEEN:
Suraj Prakash Narute & Anr.
...Applicants
Versus
The State of Maharashtra
...Respondent
Ms. Ekta Patil i/b. Mr. Prashant Hagare, for the Applicants. Mr. S. M. Mangaonkar, APP, for the Respondent-State. Mr. Pranav Bhoite a/w. Mr. Suraj Naik and Mr. Ghanasham Jadhav, for the Applicant/First Informant in IA/4260/2025. Mr. Vijay Telkikar, PSI, attached to Walchandnagar Police Station, Pune Rural, Pune, present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
21st NOVEMBER 2025 PC:- 1.
Heard Ms. Patil, learned Counsel appearing for the Applicants, Mr. Bhoite, learned Counsel appearing for the First
Informant and Mr. Mangaonkar, learned APP appearing for the Respondent-State.
2.
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.299 of 2025 registered with Walchandnagar Police Station, Pune Rural, Pune, for the offences punishable under Sections 109, 115(2), 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3.
The prosecution case is set out in paragraph No.2 of the order dated 29th October 2025 passed by the learned Additional Sessions Judge, Indapur, Dist. Pune in Criminal Bail Application No.295 of 2025, which reads as under:
"2. The brief facts, which led to the filing of the FIR can be summarized as under That on 10.09.2024, informant lady while undergoing medical treatment at Baramati hospital lodged the FIR with Walchandnagar Police Station alleging that on 05.09.2025 around 10.00 a.m., she & her daughter-in-law Sonal were present in the house and present applicant Suraj Narute came there along with his four labour and started to erect compound wall. Verbal altercations took place
between Sandip and applicant Suraj, who threatened to kill applicant and called his brother Yashwant at the spot. On his arrival, applicant Yashwant took a spade and gave its stroke on her right shoulder and on the left shoulder of Sandip. Applicant Suraj asked his associate Pranit to bring scythe locally called as Koyata and gave its stroke on her head, whereby she sustained bleeding injury to her eye. Applicant Suraj attempted to kill her by pressing her neck and also assaulted her by the stick of the spade. On hearing the shouting and arrival of witnesses, both the applicants and their associates ran away from the spot. Injured Sandip and she were admitted in the hospital for medical treatment. Making such allegations, she lodged the FIR with Walchandnagar police station and accordingly crime as above came to be registered. Both the applicants apprehend their arrest in the present crime and therefore, they are seeking protection by way of anticipatory bail."
4.
It is the submission of Ms. Patil, learned Counsel appearing for the Applicants that the incident in question took place on a spur of moment. The Applicants and the First Informant are neighbours and as there is some dispute regarding compound wall the incident in question took place. She submits that the Applicants will cooperate with the investigation and the Applicants will reside outside Taluka Indapur, Dist. Pune and the Applicants will reside at Village-Fondshiras, Taluka - Malshiras, District-Solapur.
5.
On the other hand, Mr. Mangaonkar, learned APP appearing for the Respondent-State and Mr. Bhoite, learned Counsel appearing for the First Informant strongly oppose the Anticipatory Bail Application. Both of them submit that the First Informant has been injured grievously and the incident has taken place with premeditation and the son of the First Respondent is also injured. Both of them submitted that there are antecedents against the Applicants and therefore, the Anticipatory Bail Application be rejected.
6.
Perusal of the record shows that the Applicants and the First Informant are the neighbours. The incident in question took place as there is some dispute about compound wall of both the houses. There is substance in the contention of Mr. Mangaonkar, learned APP and Mr. Bhoite, learned Counsel appearing for the First Informant that the First Informant and her son has been seriously injured and the injuries are grievous. However, injuries are by blunt object. Although the Applicants have antecedents, the antecedent against the Applicant No.2 is of the year 2022 bearing S.C.C. No.97 of 2022 under Section 65(e) of the Maharashtra Prohibition Act, 1961. As far as the Applicant No.1 is concerned, he
has been acquitted in Criminal Case No.228 of 2020, which arose out of FIR bearing C.R. No.333 of 2020 under Section 392 read with 34 of the Indian Penal Code, 1860.
7.
Ms. Patil, learned Counsel appearing for the Applicants submits that the Applicant will stay outside Taluka Indapur, Dist. Pune. Therefore, there is no apprehension that the Applicants will influence the witnesses.
8.
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 No.1-Suraj Prakash Narute and the Applicant No.2-Yashwant @ Bhayya Prakash Narute in connection with C.R. No.299 of 2025 registered with the Walchandnagar Police Station, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.
(b) The Applicants shall not enter Talukar-Indapur, Dist. Pune after being released on bail, except for reporting to the Investigating Officer, if called, and for attending the trial.
(c) The Applicants shall attend the Walchandnagar Police Station, Pune Rural, Pune, on 27th November 2025 and 28th November 2025 between 11:00 a.m. to 02:00 p.m. and thereafter, the Applicants shall attend the Natepute Police Station, Taluka- Malshiras, DistrictSolapur on every Sunday between 11:00 a.m. to 02:00 p.m. till filing of the chargesheet and shall cooperate with the investigation. The Police Inspector of Natepute Police Station, Taluka - Malshiras, District - Solapur to communicate details thereof to the Investigating Officer.
(d) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(e) The Applicants 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.
(f) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
(g) The Applicants shall not leave India without prior permission of the Court.
9.
The Anticipatory Bail Application is disposed of accordingly. 10.
In view of the disposal of the Anticipatory Bail Application, nothing survives in the Interim Application and the same is also disposed of.
[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:
2025.11.24 10:53:54 +0530 SONALI MILIND PATIL