SUREKHA PRAKASH WAGHMARE AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

                                                       907-ABA-456-2026 (CR).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR

                   CRIMINAL APPELLATE JURISDICTION

             CR. ANTICIPATORY BAIL APPLN. NO. 456 OF 2026

Surekha Prakash Waghmare And Ors.                    … Applicants
                    Versus
The State of Maharashtra And Anr.                    … Respondents


                                          ----
Mr. Nagraj S. Shinde (Through V.C.) for the Applicants.
Mr. Nitin B. Patil, A.P.P. for the Respondents-State.
Ms. Bhagyashri Mangale (Through V.C.) a/w. Ms. Swarna Yadav for the
Intervenor / Complainant.
Officer : API Mr. Arvind Gatkal, Kurudwadi Police Station, present.
                                        -------

                                Coram :       ASHWIN D. BHOBE, J.

                                Date      :   9th September 2026.

PER COURT :


1.    At the outset, Ms. Bhagyashri Mangale, learned Advocate, states that

she has instructions from the Complainant to seek intervention in the present

Application as a Respondent and that she is in the process of filing an

Application seeking intervention. Considering that the Complainant in Crime

No. 0319 of 2026 is seeking intervention, the request is allowed and the

Complainant is permitted to intervene in this Application as an Intervenor.




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2.    Heard, Mr. Nagraj Shinde, learned Advocate for the Applicants, Mr.

Nitin Patil, learned A.P.P. for the Respondents-State and Ms. Bhagyashri

Mangale, learned Advocate for the Intervenor / Complainant.


3.    By this Application filed under Section 482 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, the Applicants seek pre-arrest bail, apprehending

arrest in Crime No. 0319 of 2026, dated 5 th July 2026, registered with

Kurudwadi Police Station, District Solapur Rural, for offences punishable

under Sections 118(2), 351(3), 351(2), 352, 115(2), 190, 191(3), 191(2),

189(2), 118(1) and 109 of the Bharatiya Nyaya Sanhita, 2023.


4.    Mr. Nagraj Shinde, learned Advocate for the Applicants, states that

Applicant No. 1 is Accused No.6, Applicant No. 2 is Accused No. 7 and Applicant

No. 3 is Accused No.8 in Crime No. 0319 of 2026.


5.    In brief, the prosecution case, as detailed in the FIR, is that the agricultural

land of the Complainant’s family was being cultivated by his uncles, Accused No. 2

(Bharat Sitaram Waghmare) and Accused No. 3 (Prakash Sitaram Waghmare). When

the Complainant and his family began cultivating the said land, Accused No. 2 and

Accused No. 3 were pressurizing them to leave the land and threatening to kill them

if they failed to do so. On 04.07.2026 at about 8:15 p.m., the Complainant and his

father-Mukund Sitaram Waghmare (“deceased- Mukund"), were proceeding on a

motorcycle to fetch water. When they reached near Kachare's ration shop, they



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found Accused No.1 (Rajesh Bharat Waghmare), Accused No.2 (Bharat Sitaram

Waghmare), Accused No.3 (Prakash Sitaram Waghmare), Accused No.4 (Abhishek

Prakash Waghmare) and Accused No.5 (Rajesh Waghmare) waiting for them with

vehicles. Accused No. 2 and Accused No. 3 abused the Complainant and deceased-

Mukund, called them towards them and questioned them, saying, “ तु्हाला कसली जमीन

पािहजे रे आईघा्यांनो तु्हाला िकती वेळा सांि तले, तरी तु्ही येथेच राहता. तु्हाला आता िजवंत सोडणार नाही.” They

then assaulted them with their hands. Thereafter, Accused No.1, after stating, “ आता

तु्हाला िजवंत ठे वत नाही”, drove his four-wheeler at high speed towards the Complainant

and deceased- Mukund. The deceased- Mukund was struck by the vehicle, as a result

of which he sustained serious injuries. That when the Complainant's mother (Manda

Mukund Waghmare), sister (Swapnali Mukund Waghmare) and wife (Pragati

Somnath Waghmare) came to rescue them, Applicant No. 1 (Accused No.6),

Applicant No. 2 (Accused No.7), Applicant No. 3 (Accused No.8), along with

Accused Nos. 1 to 5, assaulted the Complainant's mother, sister and wife with sticks,

fists and kicks, while the Complainant and deceased- Mukund were assaulted with

wooden sticks. As a result of the said incident, the father of the Complainant

sustained fractures to both his hands. The forceful impact of the car dash caused

severe injuries to his chest, resulting in multiple rib fractures. On 9th July 2026,

the deceased-Mukund, succumbed to the injuries while undergoing medical

treatment .

6.      Mr. Nagraj Shinde, learned Advocate for the Applicants, submits that



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the incident on 4th July 2026 was immediately reported to the Police Station

by Rajesh Waghmare (Accused No.5) by filing F.I.R. No. 317 of 2026, dated

5th July 2026, at 2:04 a.m. He submits that it was the co-accused who took

the deceased-Mukund to the hospital, where the deceased-Mukund declined

treatment. He submits that the allegations against the Applicants are limited

to assaulting the deceased-Mukund and other family members of the

Complainant with kicks and fists. He submits that there is rivalry/enmity

between the family of the Applicants and the family of the deceased-Mukund.

He submits that, as per the Medical Report in possession of the Applicants,

the deceased-Mukund sustained only two injuries and despite medical advice,

shifted from the hospital.


7.    Mr. N. Patil, learned A.P.P. for the Respondents-State, submits that co-

accused No. 5 (Rajesh Waghmare) drove his car in such a manner, with clear

intent to kill the deceased-Mukund. The dash inflicted by the car driven by

Accused No. 5 (Rajesh Waghmare) on the deceased-Mukund was very fatal. He

submits that thereafter, following the dash, the Applicants and other

members of the family named in the F.I.R. assaulted the deceased-Mukund

with wooden sticks. He specifically refers to the contents of the F.I.R.,

wherein the Applicants have been named and the allegations made against

them pertain to assaulting the deceased-Mukund. He therefore submits that

the assault on the deceased-Mukund, which subsequently resulted in his


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death, was premeditated and intended to kill him. He submits that the

Applicants have been absconding since the time of registration of the F.I.R. He

submits that the co-accused, having filed the F.I.R. bearing No. 317 of 2026,

does not absolve the Applicants, as also the co-accused in Crime No. 0319 of

2026, of having brutally assaulted the deceased-Mukund, who succumbed to

the injuries inflicted on him. He submits that the investigation papers indicate

eyewitnesses to the assault. He submits that the injury certificate of the

deceased-Mukund indicates the serious injuries caused to him by the dash by

the car and thereafter by the sticks.


8.    Ms. Bhagyashri Mangale, learned Advocate for the Intervenor, states

that the deceased- Mukund, aged 62 years, was run over by a car driven by

Accused No.5 (Rajesh Waghmare). She submits that this merciless assault by

the Applicants and co-accused resulted in the untimely death of the deceased-

Mukund. She submits that the assault was well planned and intended to kill

the complainant and deceased- Mukund.


9.    Perused the record.


10.   Perusal of the F.I.R. indicates that the Accused No.5 (Rajesh Waghmare),

after the altercation, drove his car into the deceased-Mukund. The F.I.R. further

indicates that after the car dashed the deceased-Mukund, who had already

sustained injuries from the car dash, was assaulted by the Applicants and



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                   other accused, without showing any mercy, with wooden sticks. The said

                   assault resulted in the death of deceased-Mukund.


                   11.     Mr. N. Patil, learned A.P.P. for the Respondents-State, referred to the

                   investigation case papers in Crime No. 0319 of 2026. He states that six (6)

                   witnesses have identified the Applicants, along with other family members, as

                   having assaulted the deceased-Mukund with wooden sticks after the car

                   dash.


                   12.     Considering the nature of the allegation, by which the deceased-

                   Mukund was first hit by a car, the involvement of the Applicants in assaulting

                   deceased-Mukund after the car dash with wooden sticks and considering the

                   severity of the offence, this is not a fit case for indulgence.


                   13.     In view of the above, the Criminal Application No. 456 of 2026 is

                   rejected.




                                                           [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.10
           10:27:04
           +0530




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