Amol Sunil Khatal And ORS. v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 288 OF 2026

1. Amol Sunil Khatal

2. Krushndeo Popat Shendge

3. Vishnu Rama Shendge ...Applicants

Versus

The State Of Maharashtra And Anr.

...Respondents

----- Mr. Satish S. Raut a/w Mr. Ashitosh S. Sambilkar, for Applicants. Mr. Anand Subhash Shalgaonkar, APP, for the Respondent-State. P.C. A. T. Shaikh, Natepute Police Station, present. ----- by SHANTANU SHANKARSA DHUDUM Date:

2026.06.16 15:52:31 +0530 SHANTANU SHANKARSA DHUDUM

CORAM

: MEHROZ K. PATHAN, J.

DATE : 15th JUNE, 2026.

P.C.

1.

Heard learned counsel for the Applicants and learned APP for the Respondent - State.

2.

The Applicants have approached this Court seeking anticipatory bail in connection with Crime No.137 of 2026 registered with Natepute Police Station, District : Solapur, for the offences punishable under Sections 109, 118(1), 115(2), 126(2), 189(2), 189(4), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS") and Section 4 and 25 of the Arms Act, 1959.

3.

The case of the prosecution is that, the incident took place on 05/04/2026 at about 10:30 p.m. on Natepute-Lonand road beneath the bridge of Pune Pandharpur road. According to informant on that day initially at about 7:00 p.m. he and Bhaiyya @ Popat Baban Bhosle, Nikhil Aba Shinde, Aniket Aba Shinde, Mangesh Shinde, Umaji Shivaji Rupnawar had been at Natepute police station to give report of Sukhdev Shivaji Rupnawar, but later on Sukhdev left police station without giving report. As per informant thereafter he and Popat Baban Bhosle proceeded towards Lonand by their motorcycle. The informant has alleged that at about 10:30 p.m. they saw two two-wheeler of Nitin Rupnawar, Anil Rupnawar whereas other four two - wheelers were their back side, but he was not aware about the drivers of those four four-wheelers.

According to the informant accused Nitin Rupnawar brought his two-wheeler in front of the two-wheeler of the informant and then accused Anil Rupnawar forcibly taken him from motorcycle and accused Datta gave blow of stone on him. The informant has alleged that remaining accused persons have assaulted them by fist and kick blows. The informant has specifically alleged that accused Anil Rupnawar proceeded towards his person by holding sword intending to kill him and made attack, but he succeeded to save himself from the sword blow.

he and Popat baban Bhosle had been at Natepute Police Station to lodge report.

4.

Learned counsel Mr. Satish S. Raut for the Applicants submits that the Applicants are falsely implicated in the present crime merely because they are acquainted with the main accused, namely Anil Rupnawar, who is already arrested and behind bars. The basic allegations of assault is against Anil Rupnawar, wherein accused - Anil is attributed role of causing injuries by means of an assault by sword. The only role attributed to the present Applicants are of causing injuries to the complainant by fist and kick blows. The allegations are general in nature and made only with an intention to wreak vengeance.

It is further submitted that in respect of the same incident dated 05/04/2026, another F.I.R. bearing No. 138 of 2026 is registered at the behest of the wife of the accused No.7 Sarjerao Khandare, wherein the family members of Raosaheb Rupnawar have been arraigned an accused. The present F.I.R. is counterblast to the earlier F.I.R. No.138 of 2026 filed only with an intention to settle scores. It is also submitted that two of the Applicants are agriculturist and one of the them is a student. The Applicants are not having any criminal antecedents and they are ready to abide by any conditions

that may be imposed by this Court. Hence, the Applicants may be protected.

5.

As against this learned APP strongly opposes the bail application on the ground that the offence is serious in nature as could be seen from the allegations in the F.I.R. wherein accused Anil Rupnawar is alleged to have assaulted the complainant with sword. There are several complaints filed by two groups and the Applicants belonging to one of the group.

Learned APP further submits that the F.I.R. No.146 of 2026 is registered on 12/04/2026 in respect of an incident dated 09/04/2026 at the instance of the complainant Hanumant Rupnawar. Wherein the present complainant Raosaheb Rupnawar, is shown as an accused No.1. There is every likelihood that if the Applicants are released on bail, they may again commit some cognizable offence in the vicinity and thereby cause disturbance to the public order. Thus, the custodial interrogation of the Applicants is necessary to complete the investigation in the present crime and other related crime. 6.

I have gone through the investigation papers made available by the learned APP. The allegation in the F.I.R. itself shows that the nature of the allegations against the Applicants are assault by fist and kick blows which is general in nature. No specific overt act is attributed to the Applicants. The allegations of assault by means of

dangerous weapons is against Anil Rupnawar, who is already arrested and released on bail. The injuries sustained by Raosaheb Rupnawar complainant herein, as shown in the injury certificate issued by the Rural Hospital Natepute Taluka. Malshiras, District: Solapur, are simple in nature. The Investigation appears to be completed and the charge-sheet is also forwarded to the learned trial Court against the arrested accused wherein the Applicants are shown as absconding accused.

7.

Be that as it may, since the Applicants are not having any criminal antecedents and are attributed only with a limited role if assault by fist and kick blows, I am inclined to protect the Applicants. The apprehension of learned APP can be taken care of by imposing stringent conditions. Hence, the following order:

ORDER

i. In the event of arrest of the Applicant - Amol Sunil Khatal, Krushndeo Popat Shendge and Vishnu Rama Shendge in with Crime No.137 of 2026 registered with Natepute Police Station, District : Solapur, for the offences punishable under Sections 109, 118(1), 115(2), 126(2), 189(2), 189(4), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS") and Section 4 and 25 of the Arms Act, 1959, they be released on bail on furnishing P.R. Bond of Rs.50,000/- (Rupees Fifty

Thousand) each with one or two solvent sureties in the like amount, on the following conditions:

A) The Applicants shall attend the concerned police station on every Saturday between 11:00 a.m. to 1:00 p.m. B) The Applicants shall not tamper with the prosecution evidence and shall not influence the witnesses. C) The Applicants shall not enter in the Lonand Taluka till filing of the charge-sheet, if any, against the present Applicants.

D) The Applicants shall not commit any identical offence of same nature.

E) The Applicants shall submit their Aadhar Card and PAN Card copy to the Investigating Officer and detailed addresses and phone numbers of themselves and two of the near relatives.

F) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail. 8.

In view of the aforesaid terms and conditions, the application is allowed and also stands disposed of. ( MEHROZ K. PATHAN, J.)