Bombay High Court

JAYA VISHWAS KEKAN AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Allowed

Holding

The Court allowed the anticipatory bail application, granting bail with specified conditions.

Summary

The applicants, Jaya Vishwas Kekan and Laxmi Ashok Kekan, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 578 of 2026 alleging assault during a property‑related altercation. The FIR records their presence and participation in a fight with the informant’s family but makes no allegation of weapon use or assault on male persons. The State contended that the FIR establishes their involvement, while the applicants argued that the allegations are limited to assault of women and that custodial interrogation of women is unnecessary. The Court observed the lack of weapon‑related charges, the gender of the accused, and the nature of the allegations, and held that anticipatory bail was appropriate. Consequently, the Court granted anticipatory bail on condition of a Rs. 50,000 personal bond, two sureties, and compliance with reporting and non‑tampering directives. The application was disposed of with bail granted.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the present facts.
Whether the nature of the alleged offences (assault without weapon, involving only women) precludes the necessity of custodial interrogation.
Whether the conditions imposed by the Court are lawful and sufficient to safeguard the investigation.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 118(2), 119(1), 189(2), 190, 191(2), 351(2), 351(3), 352

Subjects

anticipatory bail
Section 482
women accused
property dispute
criminal procedure
Bharatiya Nyaya Sanhita
bail conditions

Judgment

902-ABA-500-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 500 OF 2026

Jaya Vishwas Kekan And Another ...Applicants
Versus.
The State of Maharashtra And Another ...Respondents
-----
Ms. Divyashree Dhumal i/b Darshan Singh Rajpurohit, Advocate for the
Applicants.
Mr. N. B. Patil, APP for the Respondent – State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 4th September, 2026.
P.C. :

1. Heard Ms. Divyashree Dhumal, learned Advocate for the

Applicants and Mr. N. B. Patil, learned APP for the Respondent – State.

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

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicants seek pre-

arrest bail in connection with Crime No. 578 of 2026, registered at

Karmala Police Station, Solapur Rural, for offences punishable under

Sections 115(2), 118(1), 118(2), 119(1), 189(2), 190, 191(2), 351(2),

351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3. Ms Divyashree Dhumal, learned Advocate for the Applicants,

submits that a civil dispute between the Informant and the Accused

Nos. 3 (Shubham Vasant Kekan) and 4 (Vasant Nivrutti Kekan) resulted
Arjun 1
902-ABA-500-2026.doc

in an altercation. She submits that the dispute pertains to property. The

altercation escalated into a fight between the Informant, his family

members and the Accused in Crime No. 578 of 2026. She submits that

in the said incident, Accused No. 4 (Vasant Nivrutti Kekan) sustained

injuries and succumbed to them. She submits that the allegations

against Applicant Nos. 1 (Jaya Vishwas Kekan) and 2 (Laxmi Ashok

Kekan) are that they were involved in a physical scuffle with the

Informant's family members, namely Urmila Dhakane and Aruna

Madhukar Dhakane. She submits that there are no allegations that the

Applicants used any weapon or assaulted any male member in the said

fight.

4. Mr. N. B. Patil, learned APP for the Respondent – State, submits

that the presence of the Applicants at the time of the incident and their

participation in the fight are evident from the FIR.

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

6. Perusal of the FIR indicates that the dispute, which according to

Ms. Divyashree Dhumal, learned Advocate for the Applicants, arose out

of a property matter, involves allegations that the Applicants (women)

assaulted the women members of the family of the Informant. The FIR

Arjun 2
902-ABA-500-2026.doc

does not contain any allegations that the Applicants used any weapon.

No recovery is sought from the Applicants.

7. In the aforesaid circumstances and more so given that the

Applicants are women, the custodial interrogation of the Applicants is

not required in Crime No. 578 of 2026.

8. In view of the above, this Application is allowed on the following

terms :-

(a) In the event of the arrest of the Applicants in

Crime No. 578 of 2026 registered with Karmala Police

Station, Solapur Rural, the Applicants shall be released

on bail upon each of the Applicants furnishing a PR

bond in the sum of Rs. 50,000/-, with two sureties in

the like amount, to the satisfaction of the Karmala

Police Station, Solapur Rural.

(b) The Applicants shall not directly or indirectly

make 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.
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902-ABA-500-2026.doc

any manner.

(d) Applicants shall appear and report to the

Investigating Officer, Karmala Police Station on 8th, 9th,

and 10th September, 2026 from 10:00 am to 12:00 pm

and thereafter as and when required by the

Investigating Officer. Applicants shall co-operate with

the Investigating Officer in the investigation of Crime

No. 578 of 2026.

(e) The Applicants shall provide the Investigating

Officer, Karmala Police Station, Solapur Rural, with

their residential address along with proof, their

contact numbers and must inform the Investigating

Officer of any changes to this information from time to

time.

9. Anticipatory Bail Application No. 500 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA Arjun 4
KRISHNA RODGE
RODGE Date:
2026.09.04
21:42:11
+0530

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