Gangaram Vithoba Karande v. The State Of Maharashtra And Another

2026:BHC-AUG:19389

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 525 OF 2026 Gangaram Vithoba Karande

VERSUS

The State Of Maharashtra And Another ...

WITH CRIMINAL APPLICATION NO. 1260 OF 2026 IN ABA/525/2026 ...

• Mr. S. J. Salunke, Advocate for Applicant • Mr. D. J. Patil, APP for Respondents - State • Mr. S. R. Zambare, Advocate for Assisting the Prosecution ...

CORAM : MEHROZ K. PATHAN, J.

DATED : 28.04.2026 PER COURT :

1.

Heard the learned counsel for the applicant, the learned APP for the State, and the learned assisting counsel. 2.

The applicant has approached this Court apprehending arrest in connection with FIR No. 24 of 2026 dated 21.01.2026, registered with Beed (Rural) Police Station, District Beed, for the offences punishable under Sections 118(2), 118(1), 115(2), 352, 351(2), and 3(5) of the BNS, 2023.

3.

The prosecution case, in brief, is that the informant Narayan Waghmode lodged the FIR against the present applicant and three 1/6

others alleging that there exists a dispute between them regarding a common ridge adjoining their agricultural lands. It is alleged that on 17.01.2026 at about 3:30 p.m., while the informant was watering his crops and his wife and daughter-in-law were weeding the field, the applicant along with his sons and co-accused, namely Baburao Karande and Natha Karande, were cutting trees situated on the said ridge. When the informant objected to the same, the applicant allegedly abused him and assaulted him with the handle of an axe on the area above his left eye. Co-accused Natha Karande is alleged to have assaulted the informant with the handle of an axe on his shoulder, while co-accused Baburao Karande assaulted him by fist blows. It is further alleged that a relative of the applicant rushed to the spot and assaulted the informant with an axe. Upon intervention by the informant's family members, the accused persons extended threats to kill the informant, and on the basis of this incident, the present FIR came to be registered.

4.

Learned counsel for the applicant submits that the applicant is falsely implicated in the present crime, and that there exists a longstanding dispute between the applicant's family and the complainant's family regarding a common pathway in the agricultural field. It is submitted that there are several FIRs and NCRs filed against each other by both families. The role attributed to the 2/6

applicant is that of assault by means of the wooden handle of an axe, and the injury caused is simple in nature. The other co-accused have already been arrested and released on regular bail. The applicant has no criminal antecedents, except for cases arising out of the said dispute between the families. The applicant has deep roots in society and is ready to abide by any conditions that may be imposed by this Court. Hence, the applicant may be protected. 5.

Per contra, the learned APP as well as the learned assisting counsel strongly oppose the bail application on the ground that there is a longstanding dispute between the applicant's family and the complainant's family. The applicant is directly implicated in the FIR as having assaulted the complainant by means of a dangerous weapon. The offence is serious in nature and is punishable with life imprisonment. The offence of voluntarily causing grievous hurt by means of a dangerous weapon is made out against the present applicant. The injury certificate corroborates the allegations in the FIR, and there are eyewitnesses to the incident. It is further submitted that, considering the ongoing dispute, there is every likelihood that the applicant, if released on bail, may again commit similar offences and thereby disturb law and order in the village. Hence, the application may be rejected.

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6.

I have gone through the investigation papers made available by the learned APP. Upon perusal of the investigation papers and the injury certificate, it appears that the injuries attributed to the assault by the applicant are simple in nature, whereas the injuries on the left shoulder are shown to be grievous. However, the said grievous injuries are attributed to another co-accused who has already been arrested and released on regular bail. It further appears that the applicant's family members and the complainant's family members have a longstanding dispute regarding the right of way over their adjoining agricultural lands. In such circumstances, the possibility of false implication of the entire family members, including the applicant, cannot be ruled out at this stage.

However, these observations are prima facie in nature and are made only for the purpose of deciding the present application, and shall not influence the Trial Court. The apprehensions expressed by the learned APP can be adequately addressed by imposing stringent conditions upon the applicant. Hence, I am inclined to protect the present applicant in exercise of powers under Section 482 of the BNSS.

O R D E R

i.

The Anticipatory Bail Application is allowed. 4/6

ii.

In the event of arrest of the Applicant - Gangaram Vithoba Karande, he shall be released on bail on furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount each, in connection with FIR No. 24 of 2026 registered with Beed (Rural) Police Station, District Beed, for the offences punishable under Sections 118(2), 118(1), 115(2), 352, 351(2), and 3(5) of the BNS, 2023, subject to the following conditions:

A) The Applicant shall attend the concerned police station and report to the Investigating Officer on every Saturday between 12:00 noon and 02:00 p.m. till framing of the charge.

B) The Applicant shall not enter village Aher Chincholi till framing of the charge.

C) The Applicant shall also cooperate with the investigation.

D) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

E) The applicant shall furnish copies of his Aadhaar Card and PAN Card to the Investigating Officer along with the addresses and mobile numbers of two nearest relatives.

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7.

Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the anticipatory bail granted hereinabove.

8.

The observations made herein are prima facie and shall not influence the Trial Court while deciding the case on its own merits. 9.

In view of the above, the Anticipatory Bail Application stands disposed of.

10.

Application for assisting the prosecution also stands disposed of.

( MEHROZ K. PATHAN, J. ) 6/6