Prajwal Vishwas Gadade And ORS. v. The State Of Maharashtra And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.216 OF 2026 Prajwal Vishwas Gadade Abhishek Vishwas Gadade Viraj Sayaji Kale ... Applicants
Versus
The State of Maharashtra and another ... Respondents by SHAILAJA SHRIKANT HALKUDE Date: 2026.05.04 19:11:26 +0530 SHAILAJA SHRIKANT HALKUDE *** Mr. Rahul B. Khot, for the Applicants.
Mr. N.B. Patil, A.P.P, for Respondents - State. Mr. Ajay Mane, ASI Palus Police Station, Sangli present. ***
CORAM
: M. W. CHANDWANI, J.
DATE : 29th APRIL, 2026.
P. C. :
The applicants are apprehending arrest in connection with Crime No. 0037 of 2026 registered with Palus Police Station, District Sangli for the offences punishable under Sections 118 (1), 119 (1), 332 (c), 115, 352, 351 (2), 351 (3) r/w 3 (5) of the Bhartiya Nyaya Sanhita, 2023. Heard the learned counsel for the applicants and the learned A.P.P, for the non-applicant - State.
It appears that on 11th February 2026, when the complainant was proceeding towards his residence at 11.00 p.m, the upper light of Ashok Leyland transport vehicle No. MH-10-DT-4818 which was stationed on the road, flashed directly into his eyes. The complainant requested Applicant Nos. 1 and 2 who were travelling in the said truck, to dim the headlights (give dipper); however, they did not listen. The complainant thereafter proceeded back to his residence. It is alleged that at about 11:30 p.m., while the complainant was having dinner, applicant Nos.1 and 2 forcibly entered the house of the complainant, pushed his old aged mother aside when she opened the door, dragged him outside and assaulted him by means of sticks and a tommy. Applicant No. 3 arrived there and started assaulting the complainant alongwith other accused.
Due to said assault, the complainant sustained injuries on multiple parts of his body including his thighs, back and chest. The complainant was admitted to Civil Hospital, Sangli. It is further alleged that Applicant No.1 had also taken away the gold chain of the complainant during the altercation. Based on the complaint, the aforesaid crime came to be registered against the applicants. The applicants brutally and mercilessly assaulted the complainant by inflicting blows with fists, kicks and a tommy. The act of forcibly entering into the house of a person during the late hours of night and assaulting him therein, without any sudden provocation, is grave and serious.
There was a gap between the verbal altercation on account of upper lights of the vehicle and the incident of brutal assault on the complainant which indicates that the act of the applicants was premeditated.
Applicant No.1 - Prajwal Vishwas Gadade Sr.
No.
Police Station Crime No.
Sections Status Palus 382/2021 324, 323, 504, 506 r/w 34 of the Indian Penal Code Acquittal Kadegaon 141/2022 379 r/w 34 sub judice Palus 59/2024 341, 323, 504, 506 r/w 34 of the Indian Penal Code and sections 37 (1) (3) of the Maharashtra Police Act and 3(1) (r) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
sub judice Palus 230/2022 323, 504 r/w 34 of the Indian Penal Code, 1860 Non cognizable 5.
Palus 98/2024 504, 506 of the Indian Penal Code, 1860 Non cognizable Applicant No.2 - Abhishek Vishwas Gadade Sr.
No.
Police Station Crime No.
Sections Status Palus 382/2021 324, 323, 504, 506, r/w 34 of the Indian Penal Code, Acquittal Palus 63/2023 295-A of the Indian Penal Code r/w Section 3 (1) (5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w section 66 (c) of the Information Technology Act, 2000.
sub judice Palus 59/2024 341, 323, 504, 506 r/w 34 of the Indian Penal Code, 1860 sections 37 (1) (3) 135 of sub judice
the Maharashtra Police Act and 135, 3(1) (r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Palus Non cognizable 230/2022 323, 504 r/w 34 of the Indian Penal Code, 1860 sub judice Applicant No.3 - Viraj Sayaji Kale Sr.
No.
Police Station Crime Number Sections Status Palus 340/2022 451, 323, 504, 506 r/w 34 of the Indian Penal Code, 1860 sub judice Palus 91/2025 115, 352, 351 (2) (3), 3(5) of the Bhartiya Nyaya Sanhita, 2023 Non cognizable 5.
Considering the injuries sustained by the complainant and the fact that the applicants have criminal antecedents of similar nature, no case is made out for exercising the discretion to grant extraordinary relief in favour of the applicants, more particularly when the weapons are yet to be recovered.
6.
Accordingly, the application is rejected.
[M. W. CHANDWANI, J.]