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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

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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