Bombay High Court

DAYANAND NAMDEO KAMBLEversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The court held that the applicant was not responsible for the death and granted anticipatory bail.

Summary

The applicant, Dayanand Namdeo Kamble, a supervisor for the erection of a distribution pole, sought anticipatory bail in connection with a death of a laborer who came into contact with a live electric wire. The FIR alleged that the death occurred despite a permit being obtained for the work, and the applicant was charged under Sections 105 r/w 3(5) of the Bharatiya Nyaya Sanhita. The applicant argued that once a permit was secured, the electricity company, not the supervisor, was responsible for disconnecting the supply, and therefore he could not be held liable. The State contended that as supervisor, the applicant had a duty to ensure safety and could be culpable. The court found merit in the applicant’s contention, noting the electricity company’s responsibility, and granted anticipatory bail with standard conditions.

Issues considered

Whether the supervisor can be held liable for the death of a laborer under Sections 105 r/w 3(5) of the Bharatiya Nyaya Sanhita.
Whether anticipatory bail should be granted to the applicant pending investigation.

Legislation cited

Bharatiya Nyaya Sanhita — s. 105, 3(5)

Subjects

anticipatory bail
supervisor liability
electrical accident
negligence
criminal liability
Bharatiya Nyaya Sanhita
Section 105
Section 3(5)
permit
death of laborer

Judgment

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       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

     919 ANTICIPATORY BAIL APPLICATION NO. 1658 OF 2026

Dayanand Namdeo Kamble                           ….Applicant

VERSUS

The State of Maharashtra                         …..Respondent

Mr. M. P. Kale, Advocate holding for Mr. S. S. Solanke, Advocate for
Applicant.
Ms. P. J. Bharad, APP for the State.

                              CORAM : R. M. JOSHI, J.
                              DATE : 16th SEPTEMBER, 2026.
PER COURT :


1.    Applicant seeks pre-arrest bail in connection with Crime No.

0263/2026, registered with Majalgaon City Police Station, District

Beed, for the offences punishable under Sections 105 r/w 3(5) of

Bharatiya Nyaya Sanhita.



2.    First Information Report indicates that on 09.08.2026, after

obtaining permit for the period from 11.00 am to 4.00 pm, work of

erection of DP was conducted by the contractor. Present Applicant

was the supervisor of the said work. The labour who was working on

the poll came into the contact with the live wire of electricity

company and on account of electrification he died.
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                                                        aba1658.26.odt



3.    Learned Counsel for Applicant submits that once permit is

obtained, it is the duty of the electricity company to ensure that the

electricity connection is disconnected.   It is his submission that to

disconnect electricity or not is not within the powers of the

supervisor. It is his submission that having regard to these facts, the

Applicant cannot be said to be involved in the crime in question.



4.    Learned APP opposed grant of any protection to the Applicant

by referring to the First Information Report so also the fact that it

was the responsibility    of the Applicant being supervisor to take

utmost care while performing said work.



5.    Admittedly, the work was done pursuant to obtainment of

permit. If it is so, it was the responsibility of the electricity company

to ensure that the electricity supply is disconnected during this

period. There is no dispute about the fact that on account of pole

coming into contact with the live wire, electrification occurred. This

Court, therefore, finds substance in the contention of learned

Counsel for the Applicant that Applicant may not be responsible for
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the same.    Having regard to these facts, liberty of the Applicant

deserves to be protected. Hence, the following order :-

                               ORDER



        (i)   In the event of arrest of applicant Dayanand
        Namdeo Kamble, in connection with Crime No.
        0263/2026, registered with Majalgaon City Police
        Station, District Beed, for the offences punishable
        under Sections 105 r/w 3(5) of Bharatiya Nyaya
        Sanhita, he be released on bail on furnishing PR Bond
        of Rs. 15,000/- (Rs. Fifteen Thousand only) with one
        surety in the like amount.

        (ii) He shall attend the concerned police station as
        and when called.

        (iii) He shall not contact the witnesses directly or
        indirectly.

        (iv) He shall not interfere with the evidence in any
        manner whatsoever.

        (v)   He is urther directed to cooperate               the
        investigating agency for further investigation.

        (vi) Learned APP to communicate this order to the
        concerned Investigating Officer.


                                                 ( R. M. JOSHI, J.)

dyb

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