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2026 DAILYLAW 11607 (BOM)

KISHOR BABAN KARANDE @ KARANJE v. THE STATE OF MAHARASHTRA

ABA/1194/2026 · 2026-09-28

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Judgment text

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KVM 1/4 19 - ABA 1194 OF 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1194/2026 KISHOR BABAN KARANDE @ KARANJE ….. APPLICANT VS THE STATE OF MAHARASHTRA ….. RESPONDENT Adv. Piyush Chhabria a/w. Adv. Raj Chourasia for the Applicant. Mr.Bapu Holambe Patil, APP for the Respondent – State. PSI Laxman Peeraji Bade, Kalyan Taluka Police Station present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 28TH SEPTEMBER, 2026 P.C. :- 1) Heard learned counsel for the applicant as well as learned APP for the respondent. 2) By this application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant prays for pre-arrest bail in Crime Register No. 259 of 2026 registered with Kalyan Taluka Police Station, Thane for the offences punishable under Sections 115(2), 118(2), 189(1), 189(2), 190, 191(2), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 3) The FIR is registered on the basis of the report lodged by KANCHAN VINOD MAYEKAR Digitally signed by KANCHAN VINOD MAYEKAR Date: 2026.09.28 19:24:43 +0530 KVM 2/4 19 - ABA 1194 OF 2026.doc the complainant alleging that on 9th March, 2026 at about 8:30 p.m. when the applicant had come to throw away garbage, at that time, there was a quarrel with the complainant and there was scuffle in between the applicant and the daughter of the complainant. It is alleged that during this scuffle, the daughter of the complainant suffered certain injuries and on the basis of these allegations, the FIR came to be registered against five known persons, including this applicant, who is arraigned as accused no.4. 4) Learned counsel for the applicant submits that the allegations against this applicant are about participation in the quarrel and attack by fist blows on the day of the incidence i.e. 10th March, 2026. It is submitted that after about 16 days, the supplementary statement of the complainant was recorded and the complainant thereafter made allegations about the use of a wooden stick by the applicant. On the basis of these allegations an offence under Section 118(2) of the BNS is alleged against the applicant. The applicant submits that there are no criminal antecedents and therefore seeks for pre-arrest bail. 5) Learned counsel for the applicant also submits that considering the nature of allegations, this Court had granted an interim protection in his favour and accordingly he has joined the KVM 3/4 19 - ABA 1194 OF 2026.doc investigation and attended the police station and therefore, he prays for confirmation of the interim protection. 6) The application is opposed by the learned APP and it is submitted that there are allegations in the supplementary statement about use of wooden stick by this applicant and the wooden stick is not yet recovered. It is, therefore, submitted that considering the role attributed to this applicant, the instant application be rejected. 7) Perused the FIR and the documents placed on record. It has to be noted that there is delay of about four days in lodging the report. Further, it is crucial to note that the only allegation against this applicant in the FIR were about attack by fist blows and the allegation about attack by bamboo stick are introduced on the basis of supplementary statement which was recorded after 16 days. Thus, prima facie it appears that the complainant has introduced new allegations to show seriousness of the offence. 8) It has to be noted that in accordance with the interim protection order, the applicant has attended the police station and there is nothing to indicate that the applicant has misused the liberty. 9) Having regard to the above-mentioned aspects and the fact that the applicant has joined the investigation, interim protection granted by order dated 16th June, 2026 stands confirmed subject to KVM 4/4 19 - ABA 1194 OF 2026.doc same conditions with modification about condition of attendance of police station and it is directed that the applicant shall attend the police station as and when called upon by the Investigating Agency. 10) Accordingly, this Anticipatory Bail Application is allowed and disposed of. [PRAFULLA S. KHUBALKAR, J.]