Bhagwat Kundlik Andhale And Others v. The State Of Maharashtra

2026:BHC-AUG:19819 1 1038.ABA-622-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 622 OF 2026

1. BHAGWAT KUNDLIK ANDHALE

2. SUNIL BHAGWAT ANDHALE

3. LAXMAN BHAGWAT ANDHALE

4. CHANDU @ CHANDRAKANT NIVRUTTI JODTALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Kendre Namdev D Advocate for Respondent No.2 : Mr. A.A. Puranik a/w Mr. A.D. Kaware APP for Respondents/State : Mr. K. K. Naik ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 29th APRIL 2026 PER COURT :

1.

Heard the learned Counsel for the Applicants and the learned APP for the State.

2.

The Applicants have approached this Court, seeking anticipatory bail in connection with Crime No.76/2026 registered with Sonpeth Police Station, District Parbhani for the offences punishable under Sections 119(1), 296, 352, 351(2), 115(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023.

3.

The case of the prosecution is that one Vyankati Patloba

2 1038.ABA-622-2026.doc Karad lodged the complaint at Police Station Sonpeth, alleging that he is running a cowshed (Gaushala). He resides at Om Nagar, Parli Naka, Gangakhed, Taluka Gangakhed, District Parbhani, along with his wife, Gavalanbai, and his daughter, Muktai (aged 21 years). He owns and operates two cowsheds: one named Sant Muktai Gaushala, located in the Manakadevi farm area, and the second named Shri Sant Sopankaka Gaushala, located at Banpimpla, Taluka Gangakhed. His wife, his daughter Muktai, and he collectively look after the cows in the cowsheds, with the assistance of four hired laborers. Farmers entrust to their care elderly cows, barren cows, disabled or lame cows, as well as cows they are unable to maintain themselves. The complainant and his family provide care and service to these cattle. Two years ago, Bhagwat Kundalik Andhale from Dhebewadi, Taluka Gangakhed, brought and left two bull calves and one cow at the cowshed located in Manakadevi.

.

It is further alleged that on 18/02/2026, at approximately 6:00 a.m., the complainant went to Dongar Pimpla to purchase fodder for the cows from local farmers. His daughter, Muktai, and their annual farmhand, Mahadev Dashrath Mund, had gone to the cowshed at Mankadevi to provide fodder and water to the cows. Subsequently, at about 10:30 a.m., his daughter Muktai called to inform him that Bhagwat Anna from Dhebewadi, along with his sons, had arrived. She stated that they had taken away one of their own cows and two calves, as well as three cows belonging to the complainant, and that they had physically assaulted her. Upon hearing this, the complainant immediately rushed to the cowshed.

3 1038.ABA-622-2026.doc When he questioned his daughter, she recounted that Bhagwat Kundilik Andhale, along with his sons Balaji Bhagwat Andhale and Laxman Bhagwat Andhale, and Chandu Nivrutti Jodtale, had arrived and, claiming they wanted to take their cows back, began attempting to remove the animals from the cowshed. She told them, 'Let my parents arrive first; you may take your cows only after consulting with them.' She also pointed out that once cows are brought to and left at the cowshed, they cannot subsequently be taken back. In response, Bhagwat Andhale hurled obscene verbal abuse at her, while Laxman Andhale also verbally abused her and issued a death threat, saying, 'Come out onto the road; I will kill you.'

Laxman Andhale physically assaulted her with his hands and snatched away a gold chain weighing one tola (approximately 10 grams) from her neck, valued at Rs. 30,000. Balaji and Chandu Jodtale also subjected her to verbal abuse. Furthermore, the four of them took away three cows belonging to the complainant, valued at Rs. 30,000, along with their own two calves and one cow. His daughter Muktai informed him that even though the cows were reluctant to move, they dragged them away by force. Later that evening, Bhagwat Andhale called the complainant to inform him that the cows belonged to them and that they had taken them back. When confronted, he dismissed the matter, saying it was merely a squabble between youngsters and warned the complainant not to escalate the issue.

He further threatened that since they hail from Dhebewadi, they would not allow the complainant to live in peace or permit his cowshed to remain operational.

4 1038.ABA-622-2026.doc lodge a formal complaint against them.

4.

The learned Counsel for the Applicants submits that the Applicants are falsely implicated in the present crime for allegedly taking away their own cattle. The cattle had been kept with the Gaushala on an understanding, as the Applicants did not have sufficient financial means to maintain them. The cattle was handed over to the Gaushala with the undertaking that whenever the Applicants had sufficient means to maintain the cattle, they would take them back. However, the Complainant has lodged a false FIR with an intention to grab the cattle without any authority. The Applicants are ready to show their bona fides by depositing an amount of Rs. 1 Lakh. The Applicants are not having criminal antecedents and are ready to abide by any conditions that may be imposed by this Court. Hence, the Applicants may be protected. 5.

As against this, the learned APP as well as the learned Counsel for the Complainant strongly oppose the present application on the ground that the Applicants had handed over the cattle under an agreement which stated that the cattle were donated to the Gaushala for their maintenance. The Gaushala is being run for doing voluntary service of maintaining cattle. Villagers who are not able to maintain their cattle keep them with the Complainant, who owns the Gaushala in the village. The Applicants have not only taken back their own cattle but also removed three additional cows from the Gaushala. They have abused the daughter of the Complainant and

5 1038.ABA-622-2026.doc threatened the Complainant with dire consequences. The learned Counsel for the Complainant specifically submits that the Applicants threatened to kill all the cows in the Gaushala by administering poisonous substances. A complaint to that effect is filed by the Complainant with the respective police stations. If the Applicants are released on bail, there is every likelihood that they may tamper with the evidence and also threaten the Complainant, thereby disturbing public order. Hence this is not a fit case to release the Applicants on anticipatory bail.

6.

I have gone through the investigation papers made available by the learned APP. The perusal of the record shows the Daanpatra dated 29.06.2023 signed by Bhagwat Andhale, one of the Applicants. There are supplementary statements of Karad wherein he stated that the Applicants had taken away some additional cows from the Gaushala. There are also allegations that the Applicants threatened the Complainant with dire consequences. However, taking into consideration that the ownership of the said cattle is not denied by the Complainant, the submissions of the learned Counsel for the Applicants that the allegations of additional 3 cows are exaggerated in the FIR only to attract stringent provisions against the Applicants appear to be probable at this stage. However, these observations are prima facie in nature and shall not influence the trial Court. .

Taking into consideration the voluntary statement made by the learned Counsel for the Applicants, upon instructions, that they are ready to deposit an amount of Rs. 1 Lakh with the Gaushala for

6 1038.ABA-622-2026.doc maintaining the cattle for three years, and also noting that the Applicants do not have any criminal antecedents to their discredit, I am inclined to protect the Applicants, however, subject to certain conditions. Hence the following order :

ORDER

(i) In the event of arrest of the Applicants - Bhagwat Kundlik Andhale; Sunil Bhagwat Andhale; Laxman Bhagwat Andhale; Chandu @ Chandrakant Nivrutti Jodtale in connection with Crime No.76/2026 registered with Sonpeth Police Station, District Parbhani for the offences punishable under Sections 119(1), 296, 352, 351(2), 115(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, they be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties in the like amount, on the following conditions :

(a) The Applicants shall attend Sonpeth Police Station, District Parbhani on every Saturday between 11:00 am. to 01:00 pm. and thereafter as when called by the Investigating Officer, till filing of the charge-sheet.

(b) The Applicants shall not enter the Village Mankadevi, Omnagar, Parali Naka, Gangakhed, District Parbhani, till filing of the charge-sheet.

(c) The Applicants shall not tamper with the prosecution evidence and shall not influence the witnesses. The Applicants shall not threaten the Complainant.

(d) The aforesaid order is subject to the Applicants depositing an amount of Rs. 1 Lakh into the account of the Gaushala within three weeks, the details of which are as under:

7 1038.ABA-622-2026.doc Name Shri. Sant Adishakti Muktai Gaushala Mankadevi Bank Name Bank of Maharashtra Account Number 60550800036 Branch Zolkar Complex, 1st Floor, Adalat Road, Gangakhed - 431514 Branch Code 00760 IFSC Code MAHB0000760 (e) The Applicants shall submit their Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of themselves and two of the near relatives.

(f) A single threat extended to the Complainant or his family members and any violation of the conditions would entitle the prosecution to seek cancellation of the bail. (ii) The application is allowed in the above terms and stands disposed of.

MEHROZ K. PATHAN JUDGE NAJEEB..