Bombay High Court

VISHNU NIVRUTTI KEKAN AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Allowed

Holding

The court granted anticipatory bail to the three remaining applicants, subject to prescribed conditions.

Summary

The applicants, members of the Kekan family, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with Crime No.578 of 2026, which alleged offences under several sections of the Bharatiya Nyaya Sanhita (BNS). Two of the applicants withdrew their requests and the court amended the title to retain only three applicants: Vishnu Nivrutti Kekan, Vaibhav Vishwas Kekan and Arun Nivrutti Kekan. The prosecution alleged that the first applicant had pushed a person, while no overt acts were alleged against the other two; the State could not demonstrate any substantial basis for custodial interrogation. The court held that, given the minimal nature of the allegations, custodial interrogation was unnecessary and granted anticipatory bail to the three remaining applicants subject to standard conditions, including a bail bond, sureties, and cooperation with the investigation. The order also imposed prohibitions on tampering with evidence and influencing witnesses.

Issues considered

What is the appropriate exercise of discretion under Section 482 BNSS in granting anticipatory bail when the allegations are limited to a minor act of pushing and no overt acts are alleged against the accused?

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
BNSS
BNS
pre‑arrest bail
bail conditions
criminal procedure
cooperation with investigation

Judgment

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1-ABA-501-2026 (CR).DOC

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

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 501 OF 2026

1. Vishnu Nivrutti Kekan
2. Vaibhav Vishwas Kekan
3. Arun Nivrutti Kekan
4. Shubham Vasant Kekan
5. Vishwas Nivrutti Kekan …...Applicants
VERSUS
The State Of Maharashtra And Anr …...Respondents

_________________________________________________________________

Mr. Ritesh M. Thobde a/w Mr. Darshan Singh Rajpurohit, Mr. Changdev
Shingade, Mr. Mervin Bardeskar and Ms. Divyashree Dhumal, for the
Applicants.
Dr. Ashvini A. Takalkar, APP, for Respondent Nos.1 and 2 - State.
Officer: Mr. S. S. Takbhate, Karmala Police Station, present.
_________________________________________________________________

Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.07
19:21:49
+0530 CORAM : ASHWIN D. BHOBE, J.
DATE : 7th SEPTEMBER, 2026.
P.C.

1. At the outset, Mr. Ritesh M. Thobde, learned Advocate for the

Applicants, on instructions from Mr. Shubham Vasant Kekan (Accused

No.3) and Vishwas Nivrutti Kekan (Accused Nos.1 and 8), seeks leave to

withdraw the present Anticipatory Bail Application on their behalf.

2. This request is not opposed by Dr. Ashvini A. Takalkar, learned

APP for Respondent Nos.1 and 2 - State.

Shantanu S. Dhudum
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3. In view of the statement made by Mr. Ritesh M. Thobde, learned

Advocate for the Applicants, leave is granted to withdraw the present

Anticipatory Bail Application on behalf of Applicant Nos.4 and 5 -

Shubham Vasant Kekan and Vishwas Nivrutti Kekan.

4. Mr. Ritesh M. Thobde, learned Advocate for the Applicants seeks

leave to delete the names of Applicant Nos.4 and 5 i.e. Shubham Vasant

Kekan and Vishwas Nivrutti Kekan, from the array of cause title in this

Application. He seeks permission to carry out the amendment forthwith.

Permission is granted. Amendment be carried out forthwith.

5. In view of the statement made by Mr. Ritesh M. Thobde, learned

Advocate for the Applicants, and deletion of names of Applicant Nos.4 and

5 i.e. Shubham Vasant Kekan and Vishwas Nivrutti Kekan, the present

Application stands dismissed as against them. Consequently, this

Application is considered on behalf of the remaining three (3) Applicants.

6. Heard Mr. Ritesh M. Thobde, learned Advocate for the

Applicants and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1

and 2 – State.

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

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the

Applicants seek pre-arrest bail in connection with Crime No.578 of 2026,

registered with Karmala Police Station, Solapur Rural, for the offences

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punishable under 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 (for short,

“BNS”).

8. Mr. Ritesh M. Thobde, learned Advocate for the Applicants states

that there are twelve (12) accused in Crime No.578 of 2026. He states that

Vishnu Nivrutti Kekan is Accused No.9, Vaibhav Vishwas Kekan is Accused

No.5 in Crime No.578 of 2026, whereas Arun Nivrutti Kekan, though not

shown in the column of accused in Crime No.578 of 2026, however is

referred in the narration of the crime.

9. Mr. Ritesh M. Thobde, learned Advocate for the Applicants

submits that there are no allegations against Applicant Nos.2 and 3 in

Crime No.578 of 2026. He submits that Applicant No.1 is alleged to have

pushed Kalyan Uttam Dhakne. He submits that apart from the said

allegations, there are no other allegations against Applicant No.1.

10. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2

– State submits that the presence of the Applicants on 20 th June, 2026 is

evident from the F.I.R..

11. Perused the Record with the assistance of the learned Advocates

appearing for the parties.

Shantanu S. Dhudum
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12. The allegations against Applicant No.1 - Vishnu Nivrutti Kekan is

that he pushed Kalyan Uttam Dhakane. Apart from the said allegations,

there are no allegations of any overt act against Applicant No.1, who is 62

years of age.

13. As regards Applicant Nos. 2 and 3, as submitted by Mr. Ritesh M.

Thobde, learned Advocate for the Applicants and not contested by Dr.

Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2 - State, they

have merely been named in the F.I.R.. Again there are no overt act alleged

against the said Applicants. Applicant No.3 – Arun Nivrutti Kekan is 65

years of age.

14. Jaya Vishwas Kekan (Accused No.12) and Laxmi Ashok Kekan

(Accused No.11) in Crime No.578 of 2026 have been granted pre-arrest

bail by this Court in Anticipatory Bail Application No.500 of 2026.

15. In the aforesaid circumstances and considering the nature of the

allegations against Applicant Nos.1 to 3, custodial interrogation of the

Applicants is not required in Crime No.578 of 2026.

16. Mr. Ritesh M. Thobde, learned Advocate for the Applicants

submits that Applicants shall cooperate with the investigation in Crime

No.578 of 2026.

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

terms:

Shantanu S. Dhudum
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(A) In the event of arrest of the Applicant Nos.1 to 3, namely,

(1) Vishnu Nivrutti Kekan, (2) Vaibhav Vishwas Kekan

and (3) Arun Nivrutti Kekan, in connection with 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 P.R. Bond in the

sum of Rs.50,000/- (Fifty Thousand Rupees Only), with

two solvent sureties in the like amount, to the

satisfaction of the Karamala 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.

manner.

(D) The Applicants shall appear and report to the

Investigating Officer, Karmala Police Station, Solapur

Rural, on 9th and 10th September, 2026 from 11:00 a.m.

to 1:00 p.m. and thereafter as and when required by the

Investigating Officer. The Applicants shall co-operate

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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.

18. Anticipatory Bail Application No.501 of 2026 is disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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