Bombay High Court

VISHAL BASAPPA AATHAWALEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The court allowed the anticipatory bail application, finding no prima facie material linking the applicant to the offence and noting his existing interim bail.

Summary

Vishal Basappa Aathawale applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in Crime No. 268 of 2026, which alleged offences under Sections 118(1), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR originally named three unknown assailants; the applicant was later added as Accused No. 4 based solely on the informant’s later statement that the assault was on the applicant’s instructions. The applicant contended he was not named in the FIR, had no material linking him to the crime, and was already on interim bail from the Sessions Court without any breach. The court found no prima facie evidence against the applicant, noted his existing bail, and held that custodial interrogation was unnecessary. Consequently, the court granted anticipatory bail with standard conditions, including furnishing a bond and cooperating with the investigation.

Issues considered

Whether anticipatory bail can be granted under Section 482 when the applicant is not named in the FIR and no prima facie material links him to the alleged offences.
Whether the existence of an interim bail order precludes the necessity of custodial interrogation.
Whether the conditions imposed are appropriate for the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 3(5), 351(2), 352

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
criminal procedure
interim bail
prima facie
bail conditions

Judgment

48-ABA-486-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 486 OF 2026
Vishal Basappa Aathawale ...Applicant
Versus
The State of Maharashtra And Anr. ...Respondents
-----
Mr. Kuldeep Nikam a/w Pratik Patil, Advocate for the Applicant.
(Through VC).
Dr. A. A. Takalkar, APP for the Respondent – State.
PC. N. B. Mane, Miraj City Police Station, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 5th October, 2026.
P.C. :

1. Heard Mr. Kuldeep Nikam, learned Advocate for the Applicant

and Dr. A. A. Takalkar, learned APP for the Respondent – State.

2. By the present Application filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-

arrest bail, apprehending arrest in connection with Crime No. 268 of

2026 registered with Miraj City Police Station, for offences punishable

under Sections 118(1), 351(2), and 352 read with Section 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

3. Mr. Kuldeep Nikam, learned Advocate for the Applicant, states

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that Crime No. 268 of 2026 was initially filed against three (3)

unknown persons. He further states that the Applicant has subsequently

been arrayed as Accused No. 4 in Crime No. 268 of 2026.

4. In brief, the prosecution case is that on 22.07.2026, at about 4:10

p.m., the Informant (Rahul Khade) was intercepted and assaulted by

three (3) unknown persons using rods, sticks and wooden clubs. The

Informant sustained injuries as a result of the assault. The Informant in

his FIR referred to two to three unknown persons, aged between 20 and

30 years, as the assailants.

5. Mr. Kuldeep Nikam, learned Advocate for the Applicant, submits

that the Applicant is neither named in the FIR nor has the Informant

stated that the Applicant was present at the time of the assault on him.

He submits that the Applicant has been arrayed in the present crime

only on the basis of the Informant's subsequent statement that three

unknown persons assaulted him on instructions from the Applicant. He

submits that the Informant has mischievously implicated the Applicant

in the crime. He submits that the Applicant is nowhere involved in the

present crime. He submits that on 24.09.2026, the Informant and two

others brutally assaulted the Applicant, causing grievous injuries,

including a fracture. He further submits that the Applicant is presently

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hospitalized due to the injuries. In this regard, Crime No. 0500 of 2026

was registered against the Informant and his two accomplices before the

Miraj Rural Police Station, Sangli.

6. Dr. A. A. Takalkar, learned APP for the Respondent – State,

submits that the three unknown assailants in Crime No. 0268 of 2026,

who assaulted the Informant, are absconding. She submits that the

Informant has stated that the assault on him was at the instance and

behest of the Applicant.

7. Perused the records with the assistance of the learned Advocates.

8. The FIR indicates that the Informant has himself stated that the

assault on him on 22.07.2026 was by three (3) unknown persons. The

FIR was registered against the three (3) unknown persons. The

Applicant is not named in the FIR, however, he was added subsequently

as Accused No. 4.

9. Prima facie, there is no material in the FIR indicating the

Applicant's participation in Crime No. 268 of 2026.

10. The records in the file of this Applicant reveal that the Applicant

was granted ad-interim bail on 06.08.2026 in Criminal Bail Application

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538 of 2026 before the Sessions Court and this interim bail continues as

on date in this Application. There are no allegations that the Applicant

has breached any bail condition. In view of the above circumstances,

custodial interrogation of the Applicant in Crime No. 268 of 2026 is not

necessary.

11. This Application is therefore allowed on the following

conditions:-

(a) In the event of arrest of the Applicant in Crime

No. 0268 of 2026, registered with Miraj City Police

Station, the Applicant shall be released on bail upon

furnishing a PR bond of Rs. 50,000/- with one or two

sureties in the like amount, to the satisfaction of the

Investigating Officer of Miraj City Police Station.

(b) Applicant shall appear and report to the

Investigating Officer, Miraj City Police Station, as and

when required by the Investigating Officer and shall

co-operate with the investigation in Crime No. 268 of

2026.

any inducement, threat or promise to any person/s

acquainted with the facts of the case to dissuade such

person/s from disclosing the facts to the Court or any

police officer.

(d) Applicant shall not tamper with evidence in any

manner.

(e) Applicant shall provide to the Investigating

Officer, Miraj City Police Station, with his residential

address along with proof, his contact number, email

and must inform the Investigating Officer of any

changes to this information from time to time.

12. Anticipatory Bail Application No. 486 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.06
10:28:55
+0530

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