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{1} 45-aba-2519-2025 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2519 OF 2025 Rameshwar Kisan Giri ...Applicant Versus The State of Maharashtra ...Respondent Mr. Anand Patil a/w Mr. Swapnil L., Advocate for the applicant Mr. A.S. Salgaonkar, APP for State .......
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 13th JANUARY, 2026
ORDER :
1. Applicant apprehends arrest in Crime No. 323 of 2025 registered with Solapur Taluka Police Station for the offences punishable under Sections 115(2), 155(1), 351(2), 351(3), 189(2), 190, 190(2) and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989. 2. It is alleged in the FIR that on 15.06.2025 at about 10.00 pm, informant Rohan Audumbar Kamble was proceeding towards his home at Bismillah Nagar, Mulegaon. Accused Balaji Giri, Rameshwar Giri (present applicant), Nitin Giri and Sangeeta Giri were present near Bhagyawant Punde
{2} 45-aba-2519-2025 one grocery shop and they abused him in the name of his caste. They also slapped him. He went to his home and narrated the incident. Thereafter, he along with Sonabai and Sachin returned on the spot of incident scene. He also called Nitin and Sunny Kamble. They asked the reason of beating to the accused. At that time, accused Balaji instigated the co-accused to bring weapons. Accused Balaji Giri brought a knife and Rameshwar Giri brought a sattur. Balaji assaulted by knife on the right eye of informant. So also, applicant gave a blow of sattur on his head. Accused Kiran Giri beat him by fists and kicks. Sangeeta Giri gave him a burn injury. Sachin Kamble intervened in the dispute and at that time, applicant gave a blow of wood on his body. Accused Sukhadeo Maharaj assaulted on the person of Nitin Kamble by belt. Accused Sameer and Pappya assaulted Sachin by iron rod. The accused persons threw chilly powder on their persons and fled away from the spot. 3. Heard learned advocate for the applicant and learned APP for the State. Perused the investigation papers. 4. Learned advocate for the applicant submits that applicant and his family are falsely implicated in the present crime. There are cross complaint lodged from the applicants’ side against the informant. He submits that custodial interrogation of the applicant is not Bhagyawant Punde
{3} 45-aba-2519-2025 necessary and applicant may be released on bail. 5. Learned APP, on the other hand, strenuously opposed the application stating that there are direct allegations of assault by sattur made against the applicant and medical certificate supports the said allegations. He therefore submits that applicant does not deserve anticipatory bail. 6. It appears from the investigation papers that the applicant has assaulted Rohan on head with sattur.
Eye witnesses have confirmed the said assault. The sattur used by the applicant is yet to be recovered. There is no merit in the contention of the applicant that injuries caused to Rohan are simple in nature and therefore, applicant may be granted anticipatory bail. Since, the applicant has assaulted the injured on head with sattur, his involvement is apparent from the papers of investigation, therefore, custodial interrogation of the applicant is necessary for effective investigation. This is not a fit case to grant discretionary relief of anticipatory bail to the applicant. Application being devoid of merit is rejected. (NITIN B. SURYAWANSHI, J.) Bhagyawant Punde