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2026 DAILYLAW 8090 (BOM)

TUSHAR BIBHISHAN SALGUDE v. THE STATE OF MAHARASHTRA AND ANR

ABA/518/2026 · 2026-09-11

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Judgment text

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1/4 901-ABA-518-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 518 OF 2026 Tushar Bibhishan Salgude …...Applicant VERSUS The State Of Maharashtra And Anr. …...Respondents _________________________________________________________________ Mr. Shubham Vasekar, for Applicant. Mr. Nitin B. Patil, APP, for Respondent Nos.1 and 2 - State. Officer: Mr. S. Y. Shinde, P.C., Karmala Police Station, present. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 11th SEPTEMBER, 2026. P.C. 1. Heard Mr. Shubham Vasekar, learned Advocate for the Applicant and Mr. Nitin B. Patil, learned A.P.P., for Respondent Nos.1 and 2 – State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks pre-arrest bail, apprehending arrest in Crime No.0219 of 2026, dated 16.03.2026, registered at Karmala Police Station, District: Solapur Rural, for the offences punishable under Sections 118(2), 118(1), 115(2), 351(2), 352, 189(2), 190, 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.11 17:00:23 +0530 2/4 901-ABA-518-2026 (CR).DOC 3. Mr. Shubham Vasekar, learned Advocate for the Applicant, states that there are five (5) accused in Crime No.0219 of 2026, with the Applicant being Accused No.3. 4. In brief, the case of the prosecution is that, on 13th June, 2026, the Applicant and the co-accused assaulted the Informant (Suraj Salgude) and Avinash d. Rupnar with kicks, an iron rod and a sickle. The accused persons in Crime No.0219 of 2026 and the Informant have prior enmity. 5. Mr. Shubham Vasekar, learned Advocate for the Applicant submits that the investigation in Crime No.0219 of 2026 is complete. He submits that the weapons used in the crime have been recovered at the instance of Accused No.1 (Nilesh Vilas Salgude) and Accused No.2 (Jaydatta Bibhishan Salgude), who have been released on bail. He, therefore, requests for bail. 6. Mr. Shubham Vasekar, learned Advocate for the Applicant, has stated that Accused Nos.1 and 2 in Crime No.0219 of 2026, who are alleged to have assaulted the Informant with the sharp weapons, have been released on regular bail by the Judicial Magistrate First Class, Karmala, District: Solapur. He further submits that Accused No.5 has been released on Anticipatory Bail by this Court on 11th August, 2026, in Criminal Anticipatory Bail Application No.445 of 2026. Shantanu S. Dhudum 3/4 901-ABA-518-2026 (CR).DOC 7. Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos.1 and 2 – State, by referring to the F.I.R., submits that the Applicant (Accused No.3) is involved in assaulting Avinash D. Rupnar, i.e. the friend of the Informant. He submits that Avinash D. Rupnar was assaulted on his head, hand and leg. By referring to the investigation papers and more particularly, the medical certificate of Avinash D. Rupnar, he submits that the injuries are grievous in nature. He submits that Accused Nos.1 and 2 are released on regular bail. He submits that the offence committed by the Applicant is serious in nature. He further submits that the Applicant has been absconding and that his custodial interrogation is required. 8. Perused the record with the assistance of the learned Advocates appearing for the parties. 9. A perusal of the F.I.R. indicates that the Applicant (Accused No.3) has assaulted the injured Avinash D. Rupnar the friend of the Informant, on his head, hand and knees with a sharp-edged weapon, i.e. a sickle. Avinash D. Rupnar has sustained fracture injury. 10. Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos.1 and 2 – State, by referring to the investigation papers, submits that the injuries caused to the injured on account of the assault by the Applicant are five in number, out of which two are grievous. Shantanu S. Dhudum 4/4 901-ABA-518-2026 (CR).DOC 11. The assault on Avinash D. Rupnar by the Applicant prima facie appears to be with intention to kill. In view of the nature of the allegations and the severity of the offence, no case is made out for indulgence. The Application is, therefore, rejected. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum