Bombay High Court
SUBHASH BABAN KHAPARE AND ORSversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court held that anticipatory bail is warranted and enlarged the bail with conditions.
Summary
The applicants were charged with organising a horse and bullock‑cart race in Nandurdi village despite a prohibition, an event that resulted in the death of an 88‑year‑old man. They contended that they only organised a religious Yatra and not the race. An interim anticipatory bail had been granted by a Single Judge on 13 May 2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court examined whether the seriousness of the offences—under Sections 106(1), 223, 239, 3(5) and 105 of the Bharatiya Nyaya Sanhita, 2023 and Section 11(1) of the Prevention of Cruelty to Animals Act, 1960—justified denial of bail. Finding no misuse of the interim protection and noting the applicants’ cooperation with police, the Court enlarged the anticipatory bail, imposing a cash bond and several conduct conditions. The application was therefore disposed with bail granted.
Issues considered
- Whether anticipatory bail can be granted under Section 482 BNSS for the offences alleged under the BNS and the PC Act.
- Whether the applicants' alleged participation in organising the race warrants denial of bail.
- Whether the interim bail previously granted should be continued and enlarged.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 106(1), 223, 239, 3(5)
- Prevention of Cruelty to Animals Act, 1960 — s. 11(1)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- animal cruelty
- horse‑cart race
- death
- bail conditions
- BNS
- BNSS
Judgment
907-ABA-1232-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1232 OF 2026
Subhash Baban Khapare & Ors. …Applicants
Versus
The State of Maharashtra …Respondent
Mr. Sugandh Deshmukh a/w. Mr. Aniket Kanawade and Mr. Aryan
Deshmukh i/b. Mr. Vaibhav Thorave, for the Applicants.
Mr. Prashant P. Jadhav, APP, for the Respondent-State.
Mr. M. B. Tikle, Headconstable, attached to Niphad Police Station,
District-Nashik, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 18th SEPTEMBER 2026
PC:-
1. Heard Mr. Deshmukh, learned Counsel appearing for the
Applicants and Mr. Jadhav, learned APP appearing for the
Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail
in connection with C.R. No.93 of 2026 registered with Niphad
Police Station, Tal. Niphad, District-Nashik, for the offences
punishable under Sections 106(1), 223, 239 and 3(5) of the
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907-ABA-1232-2026.DOC
Bharatiya Nyaya Sanhita, 2023 (“BNS”) and also under Section
11(1) of the Prevention of Cruelty to Animals Act, 1960.
3. The prosecution case is set out in paragraph Nos.2 and 3 of
the order dated 2nd May 2026 passed by the learned Additional
Sessions Judge, Niphad, District-Nashik in Criminal Bail
Application No.95 of 2026, which reads as under:
“2. It is case of the prosecution as per First
Information Report that according to the
informant, informant is posted in Niphad Police
Station as Police Constable and presently deputed
in Confidential Branch. During 19-03-2026 to
20-03-2026, there was Yatra of Haribhusha Baba
at village Nandurdi for which Yatra Committee
was formed. Accordingly, police gave permission
to arrange Yatra but then as per secret
information, police received information that
after few days from the Yatra, organizing
committee is going to arrange Horse-Cart race in
the village. Accordingly, on 02-04-2026, police
called organizing committee members in the
police station and made them aware about letter
issued by Collector, Nashik bearing Outward No.
कक्ष १/पी.ओ.एल.-१/४४०/२००५ dated 21-03-2026
so also letter issued by Superintendent of Police,
Nashik Gramin bearing outward No. कक्ष १४/ इतर
/ शर्यती /४६५/२००९ dated 26-01-2009 so also
letter issued by Tahsildar, Niphad bearing
Outward No. फौ./कावि /३/२००९ dated 14-01-2009
and also made them aware that such race is
banned and prohibited by Hon'ble High Court
and not to arrange race of bullock and horse.
Accordingly, members of organizing committee
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907-ABA-1232-2026.DOC
were issued written notice as per Section 168 of
B.N.S.S. on 02-04-2026 bearing Outward
No.121/2026.
3. Despite of the same, members of organizing
committee didn't give hid to the said
communication and arranged the bullock and
horse on 06-04-2026 between 3:00 PM30 the
race of internal road at village Nandurdi and
Kundewadi. During that race, p.m. on one old
aged person tried to cross the road and the cart
dashed him and he sustained grievous injuries.
Then, it revealed that name of the said person is
Raghunath Vitthal Shinde who died in Suman
Hospital at Pimpalgaon Baswant on 08-04-2026.
Accordingly, F.I.R. is given.”
4. Thus, the main allegation of the prosecution is that, despite
the order prohibiting the organization of horse and bullock-cart
races in Village Nandurdi, Taluka Niphad, District Nashik, contrary
to the said order, the accused organized a horse and bullock-cart
race on 6th April 2026 between 03:00 p.m. to 04:30 p.m.. During
the said race, a horse and bullock cart dashed to one Raghunath
Vitthal Shinde, senior citizen of 88 years, who subsequently
succumbed to the injuries sustained in the said incident.
5. It is the submission of Mr. Deshmukh, learned Counsel
appearing for the Applicants that the Applicants have not
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907-ABA-1232-2026.DOC
organized the said horse and bullock-cart race and they were the
organizers only of the “Yatra”.
6. In any case, a learned Single Judge by order dated 13 th May
2026 has granted interim anticipatory bail, which continues till
date. There is no allegation that the Applicants have misused the
said protection. The Applicants have attended the Police Station.
7. Accordingly, the case is made out for grant of Anticipatory
Bail in terms of the order dated 13th Mary 2026. In view thereof,
the following order is passed:
ORDER
(a) In the event of the arrest, the Applicants- Subhash
Baban Khapare, Rahul Bhagwan Khapare, Sanjay
Karbhari Aher, Madhukar Trambak Kumbharde, Tanaji
Murlidhar Khapare, Kishor Kailas Nikam and Sopan
Nivrutti Deokar, be enlarged on bail in connection
with C.R. No.0093 of 2026 registered with Niphad,
Nashik Rural Police Station under Sections 106(1),
223, 239, 3(5), 105( added subsequently) of
Bharatiya Nyaya Sanhita, 2023 and Section 11(1) of
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the Prevention of Cruelty to Animals Act, 1960 on
executing P.R. Bond in the sum of Rs.25,000/- each
with one or more sureties each in the like amount.
(b) The Applicants shall attend the concerned Police
Station as and when called by the Investigating
Officer.
(c) The Applicants shall not directly or indirectly make
any inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
(d) The Applicants shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
SONALI
MILIND
PATIL
Digitally signed by
SONALI MILIND
PATIL
Date: 2026.09.19
12:28:19 +0530
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