Bombay High Court
LALITA BAJIRAO KHOMANEversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court granted anticipatory bail to the applicant, making the order absolute subject to specific conditions.
Summary
The applicant, Lalita Bajirao Khomane, filed an anticipatory bail application fearing arrest in connection with Crime No.27 of 2026, alleged to involve offences under Sections 118(1), 118(2) and 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. She contended that the principal assault was committed by co‑accused and that her alleged involvement was limited to a stone‑related injury arising from an agricultural dispute. The court, noting her gender and the attribution of the main assault to others, initially granted interim bail and later confirmed it as absolute, imposing conditions such as cooperation with the investigation, non‑interference with witnesses, and furnishing of address details. Both the prosecution and defence agreed that the applicant had cooperated with the investigating officer and that custodial interrogation was unnecessary. Consequently, the anticipatory bail application was allowed and disposed of with the stipulated conditions.
Issues considered
- What is the appropriateness of granting anticipatory bail to the applicant under the Bharatiya Nyaya Sanhita for the alleged offences?
- Whether the applicant's alleged role and the existence of co‑accused justify the grant of bail with conditions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 118(2), 352 r/w 3(5)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- criminal procedure
- bail conditions
- gender considerations
Judgment
24-ABA-223-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 223 OF 2026
Lalita Bajirao Khomane … Applicant
Versus.
The State Of Maharashtra … Respondent
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Mr. Priyal Sarda, for the Applicant through VC.
Mr. N. B. Patil, APP for the Respondent – State
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CORAM : ASHWIN D. BHOBE, J.
DATE : 19th August, 2026.
P.C. :
1. Heard, Mr. Priyal Sarda, learned Advocate for the Applicant
and Mr. N. B. Patil, learned APP for the Respondent – State.
2. On 28.04.2026, the following order was passed:-
1. On oral motion, permission to assist
the prosecution is granted.
2. The applicant is apprehending arrest in
connection with Crime No.27 of 2026 registered with
Pangari Police Station, District Solapur (Rural) for the
offences punishable under Sections 118 (1), 118 (2), 352
r/w 3 (5) of the Bharatiya Nyaya Sanhita, 2023.
3. Issue notice to the non-applicants returnable
on 9th June, 2026.
4. Learned A.PP waives service on behalf of the
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non applicant – State.
5. Heard the learned counsel for the applicant
as well as the learned A.P.P for the non-applicant – State.
6. The learned counsel for the applicant submits
that the assault by means of knife and iron rod has been
attributed to the other co-accused. The allegation against
the applicant is that she assaulted the complainant on her
back and head by means of a stone, which has resulted in
simple injuries. Further submission is that there is an
agricultural dispute between the complainant's party and
the applicant's party.
7. Considering the submissions as well as the
fact that the applicant is a lady and the main role has been
attributed to other co-accused, a case is made out for
granting ad-interim protection. Hence the following order:
:ORDER:
(a) Pending the Application, in the event of
arrest, Applicant – Lalita Bajirao Khomane shall be released
on bail on furnishing a P.R. bond in the sum of Rs.15,000/-
with one solvent surety in the like amount in connection
with Crime No.27 of 2026 registered with Pangari Police
Station, District Solapur (Rural) for the offences punishable
under Sections 118 (1), 118 (2), 352 r/w 3 (5) of the
Bharatiya Nyaya Sanhita, 2023.
(b) The applicant shall appear before the concerned
Police Station on 4th May, 2026 and 7th May, 2026 between
10.00 a.m and 12.00 noon and co-operate in the
investigation.
3. Mr. Priyal Sarda, learned Advocate for the Applicant, states
that the Applicant has appeared before the Investigating Officer at
Pangri Police Station, Solapur Rural and has co-operated with the
investigation in Crime No. 27 of 2026. He, on instructions from the
Applicant, submits that the Applicant shall co-operate with the
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investigation and appear before the Investigating Officer as and
when required.
4. Mr. N. B. Patil, learned APP, on instructions from the
Investigating Officer, Pangri Police Station, Solapur Rural, states
that the Applicant has appeared before the Investigating Officer
and has co-operated with the investigation in Crime No. 27 of
2026. He, on instructions from the Investigating Officer, states that
custodial interrogation of the Applicant is not required in Crime
No. 27 of 2026.
5. In view of the above, this Application is allowed by
confirming the order dated 28.04.2026 and making it absolute
with the following additional conditions:-
(a) The Applicant shall appear before the
Investigating Officer, Pangri Police Station, Solapur
Rural, as and when required by the Investigating
Officer in Crime No. 27 of 2026.
(b) Applicant shall not, directly or indirectly,
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make any inducement, threat or promise to any
person /s acquainted with the facts of the case, to
dissuade such person /s from disclosing those facts
to the Court or any police officer. Applicant shall
not tamper with evidence.
(c) The Applicant shall provide the
Investigation, Pangri Police Station, Solapur Rural,
with her residential address along with proof, her
contact number and must inform the Investigating
Officer of any changes to this information from
time to time.
6. Anticipatory Bail Application No. 223 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.08.20
20:40:17
+0530
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