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Bombay High CourtABA/51/2026disposed off

Raju Vasant Kawale v. The State Of Maharashtra And ANR.

2026-04-21Hon'Ble Shri Justice M. W. Chandwani4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.51 OF 2026 Raju Vasant Kawale ... Applicant

Versus

State of Maharashtra ... Respondents *** Mr. Anand S. Patil a/w Mr. Soham V. Powar a/w Mr. Pratik Bhakare, for the Applicant.

Mr. Nitin Patil, for Respondent - State.

Mr. Dayanand Dudhappa Patil, A.P.I, Shahupuri Police Station Kolhapur. ***

CORAM

: M. W. CHANDWANI, J.

by SHAILAJA SHRIKANT HALKUDE Date:

2026.04.22 17:48:25 +0530 SHAILAJA SHRIKANT HALKUDE DATE : 21st APRIL, 2026.

P. C. :

1.

The applicant is apprehending arrest in connection with Crime No.623 of 2025 registered with Shahupuri Police Station, District Kolahpur for the offences punishable under Sections 118 (1), 118 (2) 352, 351 (2) of the Bhartiya Nyaya Sanhita, 2023 and Section 135 and 37 (1) (A) of the Maharashtra Police Act.

2.

Heard the learned counsel for the applicant and learned A.P.P for the respondent - State.

3.

Upon perusal of the case diary, it transpires that a love affair existed between the daughter of the applicant and the elder son of the complainant. Consequently, an F.I.R. came to be lodged by the applicant against the son of the complainant. The said son was arrested and subsequently released on bail.

4.

On 22nd August, 2025, the Applicant entered the cabin of the complainant and assaulted him by means of knife on his left forearm. Thereafter, he assaulted the complainant by means of a sickle. The complainant sustained injuries to his fingers while trying to evade the assault. The applicant thereafter assaulted the complainant on his head with a stick, inflicted fist blows to his lips and tongue, and chased him with a sickle in his hand. Therefore, the complainant/informant lodged the aforementioned FIR against the applicant.

5.

Initially, an offence under Section 118(1) came to be registered. Subsequently, Section 118(2) was also added.

6.

The Police issued a notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita calling upon the applicant to appear. In compliance therewith, the applicant appeared before the concerned Investigating Officer.

The weapons alleged to have been used by the applicant in the commission of the offence have also been seized in the said crime. 7.

It appears that merely because Section 118(2) has been invoked, the applicant apprehends his arrest. It further appears that in the same incident, the applicant himself sustained injuries. Consequently, there is also allegation of assault upon the applicant at the hands of the complainant in respect of which, Crime No. 624 of 2025 has been registered. 8.

The injury certificate reflects only a displaced nasal bone fracture, without any other accompanying injuries, as a result of which, the offence under Section 118 (2) has been added.

9.

The Applicant was granted interim protection pursuant to which, he appeared before the concerned Police Station and fully cooperated in the investigation.

10.

Considering the F.I.R., the fact that the applicant also sustained injuries in the same incident, the seizure of the weapon as well as the stage of the investigation, a case is made out for confirmation of the interim order dated 27th January, 2026. Hence, the following order;

(i) The Application is allowed.

(ii) The interim order dated 27th January, 2026 is hereby confirmed. (iii) The Applicant shall appear before the Investigating Agency as and when directed.

11.

With this, Application stands disposed of.

[M. W. CHANDWANI, J.]