1 903-ABA-488-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 488 OF 2026 Rohit Rupchand Kamble …...Applicant VERSUS. The State of Maharashtra And Ors. …...Respondents ----- Ms. Manisha S. Dalave (Through VC), for the Applicant. Mr. S. H. Yadav, APP, for Respondent Nos.1 and 3 - State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 28th AUGUST, 2026. P.C. 1. Heard, Ms. Manisha S. Dalave, learned Advocate for the Applicant and Mr. S. H. Yadav, learned A.P.P., for Respondent Nos.1 and 3 – State. 2. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant seeks pre-arrest bail, apprehending arrest in Crime No. 531 of 2026 registered at Tembhurni Police Station, Solapur Rural, for offences punishable under Sections 118(2), 352, and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.31 10:45:19 +0530 2 903-ABA-488-2026 (CR).DOC 3. The prosecution alleges that on 29th July, 2026, at about 4:45 p.m., the Applicant was digging the land to fix a pole. When the Informant questioned the Applicant about digging on the property, which the Informant claims belongs to his family, the Applicant struck the Informant on the forehead with a tile, causing grievous injuries. 4. Ms. Manisha Dalave, learned Advocate for the Applicant, submits that the subject matter Crime No. 531 of 2026 is a civil dispute between the Applicant, the Informant and his family members. She submits that the tile used in the crime has been recovered, the statement of the Informant/witnesses has been recorded, and the spot panchanama has been prepared. She therefore submits that the custodial interrogation of the Applicant is not required. 5. Mr. S. H. Yadav, learned A.P.P., submits that the nature of the assault and the weapon used by the Applicant, namely, a tile, coupled with the fact that the assault was directed at the forehead of the Informant, are sufficient to indicate the Applicant's intention to cause the death of the Informant. He submits that in view of the injuries sustained by the Informant as a result of the assault, the Informant was admitted to the Hospital for nearly five days. By referring to the injury certificate of the Informant, he submits that the Informant has sustained grievous injuries. Shantanu S. Dhudum 3 903-ABA-488-2026 (CR).DOC He further submits that the Applicant is absconding. He submits that custodial interrogation of the Applicant is required for investigation. 6. Mr. S. H. Yadav, learned A.P.P., for Respondent Nos. 1 and 3, by referring to the order dated 12th August, 2026 passed by the Sessions Court, submits that the Applicant, while filing Criminal Bail Application No. 653 of 2026, willfully suppressed the fact of one of his criminal antecedents. 7. Perused records with the assistance of the learned Advocates appearing for the parties. 8. Upon perusal of the F.I.R., prima facie, the assault on the Informant was with a tile to the vital part, i.e. the forehead, indicating that the Applicant had knowledge of, or was fully aware that the assault would result in the death of the Informant. Due to the said assault, the Informant sustained grievous injuries and was hospitalized for five (5) days. 9. The records placed on the file indicate that the Applicant has two criminal antecedents. 10. Considering the aforesaid facts, the nature and gravity of the allegations, the injuries caused to the Informant, the criminal antecedents Shantanu S. Dhudum 4 903-ABA-488-2026 (CR).DOC of the Applicant and the allegation of suppression of a criminal antecedent before the learned Sessions Court, I am of the view that this is not a fit case for the grant of pre-arrest protection. 11. In view of the above facts and circumstances, Anticipatory Bail Application No.488 of 2026 is rejected. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum