PANCHGANGA ALIAS PANCHABAI UTTAM KHARAT AND ANR. v. THE STATE OF MAHARASHTRA AND ANR.
ABA/539/2026 · 2026-09-22
body2026
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[ 2026 DAILYLAW 10443 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10443 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
902-ABA-539-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 539 OF 2026 Panchganga Alias Panchabai Uttam Kharat
...Applicant Versus. The State of Maharashtra and Anr. ...Respondents ------- Ms. Tanvii Tapkire, Advocate for the Applicant. Mrs. S. N. Deshmukh, APP for the Respondent – State. API Chandrakant Jadhav, Jath Police Station, is present. ------- CORAM :
ASHWIN D. BHOBE, J.
DATE : 22nd September, 2026. P.C. :
1. Heard, Ms. Tanvii Tapkire, learned Advocate for the Applicant and Mrs. S. N. Deshmukh, learned APP for the Respondent – State. 2. At the outset, Ms. Tanvii Tapkire, learned Advocate for the Applicants, on instructions from the Applicants, seeks leave to unconditionally withdraw this Application on behalf of Applicant No. 2 (Uttam Dasharath Kharat). This request is not opposed by Ms. Deshmukh, learned APP for the Respondent – State. In view of the statement made by Ms. Tanvii Tapkire, learned Advocate for the Applicants, leave is granted to withdraw this Application on behalf of Applicant No. 2 (Uttam Dasharath Kharat). In view of the withdrawal, this Application stands dismissed as against Applicant No. 2 (Uttam Arjun 1
902-ABA-539-2026.doc Dasharath Kharat). 3. Ms. Tanvii Tapkire, learned Advocate for the Applicants, requests permission to carry out the amendment forthwith to delete the name of Applicant No. 2 (Uttam Dasharath Kharat) from the cause title of this Application. Leave to delete the name of the Applicant No. 2 (Uttam Dasharath Kharat) from the cause title of this Application is granted. Amendment be carried out forthwith. 4. Upon deletion of Applicant No. 2 (Uttam Dasharath Kharat), Panchganga alias Panchabai Uttam Kharat, becomes the sole Applicant in this Application. 5. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is before this Court seeking pre-arrest bail, apprehending arrest in Crime No. 463 of 2026 for the offences punishable under Sections 109(1), 115(2), 118(1), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita,
2023. 6. Ms. Tanvii Tapkire, learned Advocate for the Applicant submits that the prosecution case is that on 09.08.2026, at about 6:00 p.m., the Informant (Arun Balu Kharat) had an altercation with his cousin, Vivek, regarding a road in their agricultural field.
The altercation escalated Arjun 2
902-ABA-539-2026.doc into a fight and on the subsequent day, i.e. 10.08.2026, an assault occurred on the Informant and his family members. The Informant and his family members sustained injuries in the said assault. 7. Ms. Tanvii Tapkire, learned Advocate for the Applicant, submits that the allegations against the Applicant are of assaulting a woman from the other group (i.e. a family member of the Informant). She submits that the allegations are of the Applicant using fists and kicks in the assault on the said woman. 8. Ms. Tanvii Tapkire, learned Advocate for the Applicant, submits that the Applicant shall appear before the Investigating Officer at Jath Police Station as and when required and shall cooperate in the investigation of Crime No. 463 of 2026. 9. Mrs. S. N. Deshmukh, learned APP for the Respondent – State, submits that the Applicant and her other family members had a common intention to assault the Informant and his family members. She submits that the evidence establishes the Applicant’s presence during the assault. 10. Perused the records with the assistance of the learned Advocates for the parties. 11. The Applicant is alleged to have participated in the fight. Arjun 3
902-ABA-539-2026.doc According to the FIR, the Applicant was involved in a fight with another woman (i.e. a family member of the Informant). No material has been placed on record to indicate the nature of the injuries sustained by the said woman during the assault. There are no allegations that the Applicant used any weapon during the assault. 12. In view of the circumstances and the nature of allegations against the Applicant, who is a woman, the custodial interrogation of the Applicant in Crime No. 463 of 2026 is not required. 13. This application is therefore allowed on the following terms :- (a) In the event of arrest of the Applicant in Crime No. 463 of 2026 registered with Jath Police Station, the Applicant shall be released on bail upon furnishing a PR bond of Rs. 25,000/- with one or two sureties in the like amount, to the satisfaction of the Investigating Officer of Jath Police Station.
(b) Applicant shall appear and report to the Investigating Officer, Jath Police Station, on 28th and 29th September, 2026, from 10:00 am to 12:00 noon and thereafter as and when required by the Investigating Officer in Crime No. 463 of 2026. The Arjun 4
902-ABA-539-2026.doc Applicant shall cooperate with the investigation in Crime No. 463 of 2026. (c) Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (d) Applicant shall not tamper with evidence in any manner. (e) Applicant shall provide the Investigating Officer with her residential address along with proof, her contact number, email and must inform the Investigating Officer of any changes to this information from time to time. 14. Anticipatory Bail Application No. 539 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 5 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.22 20:53:54 +0530