Bombay High Court
KISHOR BABAN KARANDE @ KARANJEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
Anticipatory bail is warranted where the applicant has no antecedents, has complied with interim protection, and the supplementary allegations are late and insufficient to deny bail.
Summary
The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences alleged in FIR No. 259/2026, including assault and rioting under the Bharatiya Nyaya Sanhita, 2023. The FIR was based on a complaint of a quarrel on 9 March 2026, with a supplementary statement recorded after 16 days adding a new allegation of assault with a wooden stick, which had not been recovered. The applicant, having no criminal antecedents, had already been granted interim protection and had cooperated with the investigation by attending the police station. The court noted the delay in filing the report and the introduction of fresh allegations as prima facie attempts to aggravate the offence, and found no misuse of liberty by the applicant. Consequently, the court confirmed the interim protection, imposed the condition of attendance at the police station, and allowed the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted under Section 482 despite the addition of new allegations in a supplementary statement.
- Whether the delay in lodging the FIR and the late introduction of the wooden stick allegation justify denial of bail.
- Whether the interim protection order previously granted should be confirmed.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(2), 189(1), 189(2), 190, 191(2), 351(2), 352
Subjects
- anticipatory bail
- Section 482
- delay in FIR
- supplementary statement
- interim protection
- police investigation
- assault
- criminal procedure
Judgment
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Digitally
signed by
KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.09.28
19:24:43
+0530
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
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the complainant alleging that on 9 th 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. 10 th 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
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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
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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.]
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