913 - BA - 529 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 529 OF 2026 Tushar Alias Aniket Shamrao Kamble … Applicant Versus. The State of Maharashtra & Anr. … Respondents ----- Mr. Mohan Chavan for the Applicant. Ms. S. N. Deshmukh, APP for the State. Ms. Sujata Chavhan, API, Hupari Police Station, is present. ----- CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 11, 2026 P.C.: 1. Heard Mr. Mohan Chavan, learned Advocate for the Applicant and Ms. S. N. Deshmukh, learned APP for the State. 2. By this Application, the Applicant is seeking Regular bail in Crime No. 255 of 2024 registered at Hupari Police Station, District Kolhapur, for offences punishable under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Mr. Mohan Chavan, learned Advocate for the Applicant, states that there are six (6) accused in Crime No. 255 of 2024, of whom two are CCL (Children in Conflict with Law). He further states that Crime No. 255 of 2024 is registered as Sessions Case No. 85 of 2024 and is VRJ 1 913 - BA - 529 - 2026.doc pending before the Additional Sessions Judge, Ichalkaranji (Trial Court). 4. The prosecution case is that on 29.08.2024 at about 11:30 p.m., unknown persons committed the murder of Girish Pillai (“deceased”), the owner of the garage. The deceased was assaulted with sharp weapons. 5. Mr. Mohan Chavan, learned Advocate for the Applicant, submits that Accused No. 6 (Aaryan Gunake), against whom the allegations were of supervising the assault on the deceased, was released on bail by this Court on 17th December 2025 in Criminal Bail Application No. 3424 of 2025 (page Nos. 389 to page 391). He further submits that Accused No. 3 (Ajay Shinge), against whom the allegations were like those against Accused No. 6, was also released on bail by this Court by order dated 20th April 2026 passed in Criminal Bail Application No. 71 of 2026 (page Nos. 385 to 388). He submits that the material on record, particularly the statements made by the witnesses before the Police under Section 180 of BNSS, 2023, are inconsistent with the statements recorded of the said witnesses before the Magistrate under Section 183 of BNSS. He submits that the Applicant is alleged to have taken the contract from Accused No. 3 and given it to Accused Nos. 1, 2, 4 and 6 to execute. He further submits that there is no material to indicate this. VRJ 2 913 - BA - 529 - 2026.doc 6. Ms. S. N. Deshmukh, learned APP for the State, by referring to the statements of the witnesses under Section 180 of BNSS, 2023, submits that the Applicant has engaged juveniles and taken the contract from Accused No. 3 to eliminate the deceased. She submits that ample evidence on record shows the Applicant's involvement in the present crime. She further submits that part of the amount Accused No. 3 paid to the Applicant has been recovered. 7. Perused the record. 8. Accused No. 6 (Aaryan Gunake) and Accused No. 3 (Ajay Shinge) in Crime No. 255 of 2024, against whom the allegations were of supervising and assaulting the deceased, as more particularly recorded in the orders passed by this Court on 20th April 2026 in Criminal Bail Application No. 71 of 2026 and 17th December 2025 in Criminal Bail Application No. 3424 of 2025, have been released on bail. 9. The Applicant is alleged to have taken the contract to kill the deceased. Prima facie, Mr. Mohan Chavan, learned Advocate for the Applicant, would be right in his submission that there are inconsistencies in the statements of the witnesses referred to by Ms. S. N. Deshmukh, learned APP, namely those recorded before the police and those recorded before the Magistrate. 10. The Accused No. 6 (Aaryan Gunake) and Accused No. 3 (Ajay Shinge), who were present and supervising the assault by the two VRJ 3 913 - BA - 529 - 2026.doc accused (CCL), have been released on bail. The Applicant has been in jail since 5th September 2024. Although the charge in Sessions Case No. 85 of 2024 has been framed, the trial has not commenced, and it would take some time to conclude. 11. At this stage, Ms. S. N. Deshmukh, learned APP for the State, submits that in the event the Applicant is found involved in any other offence during the pendency of this bail, the prosecution be granted liberty to apply for cancellation of the bail. 12. In view of the above this Application is allowed on the following terms: (a) The Applicant in Crime No. 255 of 2024 registered at Hupari Police Station, District Kolhapur, for offences punishable under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, shall be released on bail upon furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two sureties in the like amount, to the satisfaction of the Trial Court in Sessions Case No. 85 of 2024. (b) The Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer. The Applicant shall not tamper with evidence in any manner. (c) The Applicant shall appear before the Investigating Officer, VRJ 4 913 - BA - 529 - 2026.doc Hupari Police Station, District Kolhapur, on the Second and Fourth Monday of each month from 10:00 a.m. to 11:00 a.m. till further orders from the Trial Court. (d) The Applicant shall not enter into the territorial jurisdiction of Hupari Police Station, District Kolhapur, till the conclusion of trial in Sessions Case No. 85 of 2024. (e) The Applicant shall regularly appear before the Trial Court in Sessions Case No. 85 of 2024, unless the Trial Court specifically exempts the Applicant. If the Applicant fails to appear before the Trial Court on the date fixed, the same would be considered a breach of condition and the Trial Court, would be at liberty to pass appropriate orders. (f) In the event the Applicant is found involved in any crime during the pendency of this bail, the prosecution is at liberty to apply to the Trial Court in Sessions Case No. 85 of 2024, seeking cancellation of the bail. 13. Bail Application No. 529 of 2026 is allowed and disposed of. (ASHWIN D. BHOBE, J.) VRJ 5 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.11 16:02:42 +0530