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Bombay High CourtABA/177/2026disposed off

Vivek Tanaji Powar v. The State Of Maharashtra And Another

2026-05-08Hon'Ble Shri Justice Mehroz Ashraf Khan Pathan3 pages

2026:BHC-NAG:5845 1 19 ABA 177.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [ABA] NO.177 OF 2026 [Mrs. Anita Ramkrushna Bawne and one .vs. The State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.B. Agame, Advocate for Applicants.

Ms. D.V. Sapkal, APP for Respondent-State.

...........

CORAM : RAJNISH R. VYAS, J.

DATE : APRIL 15, 2026.

1.

Heard.

2.

Apprehending arrest, the applicants, who are original accused nos.6 and 7, have preferred this application for anticipatory bail in connection with Crime No.455/2025 registered with the Ladkhed Police Station, Tq. Darwha, District-Yavatmal, for the offences punishable under Sections 109(1), 189(2), 190, 191(1), 191(2), 191(3), 351(2) and 352 of the Bharatiya Nyaya Sanhita, have approached this court.

3.

According to the prosecution, the report was lodged against the seven accused persons by the complainant namely Amol Malte. It was stated in the first information report that on 8.12.2025 when he was at home, he received a telephone call from one Durga Malte, who requested him to immediately come to her home. It was also informed that one Ramkrushna Bawane along with his three daughters, wife Anita Bawane, sister Anita Dedhe and one Ganesh Dande were quarreling and preparing to assault said Durga Malte. 4.

According to the first information report, the informant then reached to the spot of the incident and found that one Ramkrushna and others were carrying the weapons including axe, iron pipe and stick etc. So far accused Anita Dede is concerned, it was stated

2 19 ABA 177.26.odt that she was carrying a sickle in her hand and was threatening Bharat Malte and Durga Malte. It was also alleged that Anita Dede then assaulted the sister-in-law of the informant by means of handle of sickle on her hand. According to the first information report, the accused/applicant Anita Bawane has assaulted sister-in-law of the informant by the handle of the sickle and also threatened the complainant that he would be killed. It is on the basis of this incident the first information report was lodged.

5.

The learned counsel for the applicants submitted that the present applicants are ladies and they were not involved in the crime. According to him, during the pendency of the present application, chargesheet is filed which shows that the investigation is already over. 6.

Per contra, learned APP has contended that the offence registered against the present applicants are serious and, therefore, interference at this stage is not required.

7.

With the help of the respective counsels, I have gone through the record of the case. The first information report, as stated above, was lodged on 10.12.2025. So far as the present applicants are concerned, it is categorically stated that they have assaulted the members of the complainant party by means of handle of sickle. Thus, the question, whether there was intention to kill or not, can be decided during the course of trial. Suffice it to say that prima facie the prosecution has not brought anything on record to show that offence under Section 109 of BNS is made out against the present applicants. 8.

In that view of the matter and considering the nature of injuries which is sustained by the sister-in-law of the informant, so also the fact that chargesheet is already filed, following order is passed :

O R D E R

(i) In the event of arrest, in connection with Crime No.455/2025 registered with the Ladkhed Police Station, Tq. Darwha, District-Yavatmal, for the offence punishable under Sections 109(1), 189(2), 190, 191(1), 191(2), 191(3), 351(2) and 352 of the Bharatiya

3 19 ABA 177.26.odt Nyaya Sanhita, the applicants be released on bail on furnishing P.R. Bond of Rs.25,000/- each (Rs. Twenty Five Thousand) with one solvent surety in the like amount.

(ii) The applicants shall attend the concerned Police Station on 25.04.2026, between 10.00 am to 1.00 pm. (iii) The applicants shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses.

(iv) The applicants shall not leave India without prior permission of this court.

(v) Application stands disposed of.

(RAJNISH R. VYAS, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 15/04/2026 19:42:47