Bombay High Court
SANJAY SHIVCHANDRA VISHVAKARMAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
The Court allowed the anticipatory bail application.
Summary
Sanjay Shivchandra Vishakarma applied for anticipatory bail in a case registered under Sections 115(2), 117(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, arising from a family quarrel over bathroom usage. The FIR, filed by his brother, alleged assault causing injury to the brother’s left hand finger, with a later supplementary statement mentioning a metal pipe, though no weapon was initially recorded. The applicant had no prior criminal record and had complied with an interim protection order by attending the police station. The Court observed that the FIR appeared to be filed in the heat of passion and found no necessity for custodial detention. Consequently, the Court granted anticipatory bail, imposing a Rs. 25,000 personal bond with a surety, and directed the applicant to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted for offences under Sections 115(2), 117(2) and 352 of the Bharatiya Nyaya Sanhita when the FIR stems from an intra‑family dispute and the accused has no prior record.
- Whether compliance with the interim protection order and cooperation with the investigating agency obviates the need for pre‑arrest detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 352
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- family dispute
- no prior record
- bail conditions
- interim protection order
Judgment
19-ABA-1923-2026.odt
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1923 OF 2026
Sanjay Shivchandra Vishakarma ...Applicant
V/s.
The State Of Maharashtra And Anr. ...Respondents
_____________________________________________________________
Adv. A. K. Upadhyay a/w Rohan Kharat, for the Applicant.
Adv. Prasanna Malshe, APP for the Respondent – State.
Adv. Yashwardhan Tiwari a/w Deepa Panicker, Aakash Jaiswal, for the
Respondent No.2
PSI – Mr. Dilip Sonawane, Kandivali Police Station is present.
________________________________________________________
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 31ST AUGUST, 2026.
P.C. :-
1. Heard learned Advocate A. K. Upadhyay, for the applicant
as well as Advocate Prasanna Malshe, learned APP, for the
respondent-state.
2. The applicant has filed the instant application seeking pre-
arrest bail in Crime No. 674 of 2026 dated 28.05.2026 registered with
Kandivadi police station for the offence punishable under Sections
115(2), 117(2) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023.
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3. The First Information Report is registered on the basis of
a report lodged by the complainant alleging that on 28.05.2026 there
was a quarrel with this applicant who is his real brother, on account of
use of common bathroom and at that time this applicant had caused
some injuries to his left hand finger. On the basis of these allegations,
the FIR is registered against this applicant.
4. Learned counsel for the applicant submits that the
offence is registered on the basis of a report lodged by his real
brother and the allegations about assault on left hand finger are
introduced to add seriousness to the quarrel. He submitted that there
are no allegations in FIR about use of any weapon, but the
allegations about use of metal pipe are introduced later on by way of
supplementary statement. He submits that there are no criminal
antecedents against this applicant and in view of the interim
protection granted by this Court order dated 22nd July, 2026, he has
attended the police station and extended cooperation.
5. As against this learned APP for the respondent opposed
the application and submitted that there are specific allegations about
attack by fists blows which has caused injury to the left hand of the
complainant. He, however, does not dispute the contention that the
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applicant has attended the police station in accordance with the
interim protection order.
6. Perused the FIR and the documents placed on record. It
has to be noted that the FIR is registered on the basis of a report
lodged by the complainant’s real brother with respect to the alleged
incidents of quarrel amongst the family members. There are no
allegations in the FIR about use of any weapon by this applicant. The
FIR thus appears to be registered in the heat of passion by one real
brother against other.
7. It has to be noted that there are no criminal antecedents
against this applicant and in accordance with the interim protection
granted by this Court he has attended the police station. There is
nothing to be recovered from this applicant. As such, there does not
appear any need for custody of this applicant and hence the interim
protection granted by this Court needs to be confirmed.
8. Hence, I pass following order :
: ORDER :
(i) The anticipatory bail application is allowed.
(ii) In the event of arrest of the applicant in
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Crime No. 674 of 2026 dated 28.05.2026
registered with Kandivadi police station for the
offence punishable under Sections 115(2),
117(2) and 352 of the Bharatiya Nyaya Sanhita
(BNS), 2023, he be released on bail on
furnishing P. R. Bond of Rs. 25,000/- (Rupees
Twenty Five Thousand only) with one solvent
surety of the like amount.
(iii) The applicant shall extend cooperation
during investigation and trial.
(iv) The applicant shall attend the investigating
agency as and when called upon.
16. In view of this, the anticipatory bail application is allowed in
above terms.
(PRAFULLA S. KHUBALKAR, J.)
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