Pawan Sahebrao Wankhede v. State Of Maharashtra Thr. Pso, Ps, Awadhutwadi, Yavatmal, Tq And Dist. Yavatmal.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.367OF 2026 Gyana Gangaram Shinde & Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Aakash Pandey, for the Applicants.

Mr. S. M. Mangonkar, APP, for the Respondent-State. Mr. Akshay More, PSI, attached to Yavat Police Station, Pune Rural, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

10th FEBRUARY 2026 PC:- 1.

Heard Mr. Pandey, learned Counsel appearing for the Applicant and Mr. Mangaonkar, learned APP appearing for the Respondent-State.

2.

This application is filed by the Applicants who are the accused No.4 and 9 respectively under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.1143 of 2024 registered with Yavat Police Station, Pune Rural, Pune, for the offences punishable under Sections 333, 118(1), 110, 119(1), 189(2), 191(1), 190, 115(2),

324(4), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023..

3.

The prosecution case is set out in paragraph Nos. 2 to 6 of the order dated 17th January 2026 passed by the learned Additional Sessions Judge, Baramati, District-Pune in Criminal Bail Application No.939 of 2025, which reads as under: "2] Brief facts of the prosecution case are : - The informant Savitra Ashok Kadam has filed report against accused persons on 21/11/2024 alleging that on 20/11/2024 at about 11:50 pm when she along with her husband, son, daughter-in-law and grandchildren was in their house, she saw on TV screen that someone is moving their CCTV camera by stick. So, she informed about it to her son Prashant. Therefore, her son Prashant went outside to see what happened. At that time, electricity in their house was off. They have inverter battery. So, lights inside and outside of their house were on.

3] Her son Prashant and her husband Ashok went towards DP to see what happened. In that, she found that someone has broken glass of their Wagonar Car parked in front of their house. She went outside and found that, accused persons were gathered in front of their house. They were abusing her family members and were causing damage to their car. When the informant asked them as to why they are causing damage and abusing them, accused Dada Shinde gave blow of iron rod on her head.

Mangalsutra. When she started shouting, all accused started abusing her. In that, accused Rushikesh Kamble, Sonya Thite, Rahul Shinde and Dada Shinde entered into her house, threatened them to kill and left her house.

4] She closed door, phone called her son Prashant and informed about the incident. She asked her son Prashant to take his care. At that time, Prashant told her that accused Rushikesh Kamble, Sonya Thite, Rahul Shinde and Gulab Shinde, with stick and iron rods in their hands, have followed them. So, to save their life they have hide themselves in bushes. 5] It is further case of the informant that, her son informed about the incident to her nephew Baburao Vilas Kadam. Baburao Vilas Kadam came to their house and took them to police station. Police referred her to hospital. When she was in front of Government hospital, on 21/11/2024 at about 02:00 Hrs., accused Rushkesh Kamble, Sonya Thite, Rahul Shide came there. When they saw the informant, they again started abusing her and started threatening to kill.

They caused damage to their Red coloured TATA Car parked in front of hospital and beat her nephew Baburao Vilas Kadam. Accused Rahul Shinde has slapped her daughter Arohi. To rescue himself from accused, they went into hospital. Doctor asked accused persons to left the hospital and treated the informant. She has sustained grievous head injury. So, after first aid, medical officer referred her to Sasoon Hospital, Pune. Thereafter, she went to police station and filed report about incident against accused.

6] On the basis of her report, crime vide C.R.No. 1143/2024 for the offences punishable U/Secs.333,

118(1), 110, 119(1), 189(2), 191(1), 190, 115(2), 324(4), 352, 351(1) and 51(3) of BNS came to be registered against accused persons with Yavat Police Station. Accused/applicants having apprehension of their arrest has filed this application vide Section. 482 of B.N.S.S."

4.

It is the submission of Mr. Pandey, learned Counsel appearing for the Applicants that the family member of the Applicants has filed C.R. No.1142 of 2024 with Yavat Police Station, Pune Rural, Pune under Sections 118(1), 126(2), 3(5), 351(2), 351(3) and 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He submits that the said FIR was filed on 22nd November 2024 at 00:34 hours. He submits that as a counterblast, the present FIR has been filed on 22nd November 2024 at 07:27 a.m.. He submits that the chargesheet has already been filed. The other accused have been released on regular bail. He submits that the Applicants have no antecedents. Therefore, he submits that the Anticipatory Bail Application be allowed.

5.

On the other hand, Mr. Mangaonkar, learned APP submits that there are total 10 accused, 6 accused have been arrested and they have been released on bail and 2 accused are absconding. On

instructions, he submits that the chargesheet has already been filed and that there are no antecedents against the Applicants. 6.

Perusal of the record shows that subject C.R. No.1143 of 2024 is cross FIR. The Applicants' family member has filed earlier FIR being C.R. No.1142 of 2024 and thereafter, subsequently subject FIR being C.R. No.1143 of 2024 was filed. The chargesheet is already filed therefore, the investigation is completed. The injuries are simple in nature. Out of 10 accused, 6 accused have been granted regular bail. There are no antecedents against the Applicants.

7.

Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant No.1-Gyana Gangaram Shinde and the Applicant No.2-Vinod Dada Shinde in connection with C.R. No.1143 of 2024 registered with the Yavat Police Station, Pune Rural, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of

Rs.25,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicants shall attend the Yavat Police Station, Pune Rural, Pune, as and when called by the Investigating Officer and shall co-operate with the investigation.

(c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicants shall not leave India without prior permission of the learned Trial Court/concerned Sessions Court.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2026.02.10 18:45:39 +0530 SONALI MILIND PATIL