Nagesh Veshvant Kamble v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLICATION. NO. 242 OF 2026 Nagesh Veshvant Kamble ...Applicant

Versus

State Of Maharashtra And Anr

...Respondents

------ Mr. Manoj Sable a/w. Mr. Abhishek Ganbawale, a/w. Mr. Somvrat Kurlekar, Advocate for the applicant.

Mrs. S. N. Deshmukh, APP for the respondents-State. ------ Coram : MEHROZ K. PATHAN, J.

Date : June 15, 2026.

P. C. :

1.

Heard learned Counsel for the Applicant and learned APP for the Respondent-State.

2.

The Applicant has approached this Court seeking anticipatory bail in connection with C.R. No.672 of 2025 registered with Vadgaon Police Station, District Kolhapur, for the offences punishable under Sections 228, 229, 336(3), 337, 339 and 341(1) of the Bharatiya Nyaya Sanhita, 2023.

3.

Mr. Manoj Sabale, learned Counsel for the Applicant, submits that

the Applicant was granted interim protection by this Court vide order dated 5th May 2026. Pursuant thereto, the Applicant has attended the concerned Police Station and cooperated with the investigation. It is submitted that the Applicant belongs to Hindu Mahar community, which is a recognized Scheduled Caste, and documents to that effect are available on record. It is further submitted that the District Caste Certificate Scrutiny Committee, Kolhapur, upon considering the documentary evidence produced by the son of the Applicant, has granted a caste validity certificate in his favour. The son of the Applicant has already been arrested and released on regular bail. 4.

Learned Counsel submits that the Applicant has been falsely implicated in the present crime. Despite having enjoyed interim protection since 5th May 2026, there are no allegations of misuse of liberty, non-cooperation with the investigation or breach of any condition imposed by this Court. It is, therefore, prayed that the interim protection granted to the Applicant be confirmed.

5.

Per contra, learned APP strongly opposes the application. It is submitted that the Applicant is involved in serious offences relating to fabrication of documents. According to the prosecution, the Applicant produced a school leaving certificate purportedly issued by the Headmistress of Vidya Mandir, Bhendawade, District Kolhapur, showing

his father Yashwant Chandu Kamble as belonging to Hindu Mahar caste. 6.

It is submitted that the said certificate is a fabricated document. The relevant school records maintained in Register No.5 do not contain any entry pertaining to Yashwant Chandu Kamble, though entries relating to other students are available therein. The prosecution has also recorded the statement of one Sunil Pandurang Koli, who has stated that the school leaving certificate produced by the Applicant was stamped by him without verification of the original records. The said statement dated 27th March 2026 forms part of the investigation papers. According to the prosecution, the material collected during investigation prima facie substantiates the allegations against the Applicant. It is therefore submitted that the application deserves to be rejected. 7.

I have carefully gone through the investigation papers made available by the learned APP as well as the interim order dated 5th May 2026 passed by this Court. By the said order, the Applicant was directed to attend the concerned Police Station and cooperate with the investigation. The material placed on record indicates that the Applicant has complied with the said condition. Learned APP fairly admits that the Applicant has attended the Police Station pursuant to the interim order. 8.

The learned Counsel for the Applicant has placed on record the caste validity certificate issued by the District Caste Certificate Scrutiny

Committee, Kolhapur in favour of the son of the present Applicant, namely Chaitanya, for whose benefit the allegedly fabricated casterelated documents are stated to have been produced. Significantly, there are no allegations that either the Applicant or his son does not belong to the Hindu Mahar community, which is a recognized Scheduled Caste. The son of the Applicant has already been arrested and released on regular bail.

9.

In the circumstances, no fruitful purpose would be served by subjecting the Applicant to custodial interrogation. The apprehension of the learned APP can be taken care of by imposing stringent conditions upon he applicant. Hence, the following order :

ORDER

In the event of arrest of the Applicant - Mr. Nagesh Yashwant Kamble, he be released on bail on furnishing P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount, in connection with the C.R. No.672 of 2025 registered at Vadgaon Police Station, District: Kolhapur, for the offences punishable under Sections 228, 229, 336 (3), 337, 339 and 341 (1) the Bharatiya Nyaya Sanhita, 2023, on the following conditions:- A) The Applicant shall attend the concerned police station and report to the Investigation Officer on every Friday and Saturday between 11:00

noon and 1:00 p.m., till the charge-sheet is filed. B) The Applicant shall not enter the jurisdiction of Vadgaon police station, except for attending the dates as aforesaid, till the filing of charge-sheet.

C) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner. D) The Applicant shall submit his Aadhar and PAN cards copy to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

E) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail of the Applicant. II) The application is allowed in the above terms and stands disposed of. [MEHROZ K. PATHAN, J.]