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Bombay High Court

TUSHAR BIBHISHAN SALGUDEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Disposed Off

Holding

The anticipatory bail application was dismissed as the allegations indicated a serious offence with intent to kill, warranting no indulgence.

Summary

The applicant, Tushar Bibhishan Salgude, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Crime No.0219 of 2026) involving assault with a sickle that caused grievous injuries, including a fracture, to Avinash D. Rupnar. The prosecution alleged that the assault was carried out with intent to kill and that the applicant had been absconding, necessitating custodial interrogation. The court noted that co‑accused had already been released on bail, but emphasized the seriousness of the offence and the prima facie intention to kill. After reviewing the FIR, medical reports, and investigation papers, the judge found no sufficient ground for indulgence. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail can be granted to the applicant under Section 482 of the BNSS given the seriousness of the assault and alleged intention to kill
  • Whether the applicant’s alleged absconding and need for custodial interrogation preclude bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • assault
  • grievous injury
  • intention to kill
  • custodial interrogation
  • bail jurisprudence

Judgment

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                                                                                901-ABA-518-2026 (CR).DOC


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

                                            CRIMINAL APPELLATE JURISDICTION

                                      CR. ANTICIPATORY BAIL APPLN. NO. 518 OF 2026

                         Tushar Bibhishan Salgude                                  …...Applicant
                               VERSUS
                         The State Of Maharashtra And Anr.                          …...Respondents

                         _________________________________________________________________


                         Mr. Shubham Vasekar, for Applicant.
                         Mr. Nitin B. Patil, APP, for Respondent Nos.1 and 2 - State.
                         Officer: Mr. S. Y. Shinde, P.C., Karmala Police Station, present.
                         _________________________________________________________________



                                            CORAM        :   ASHWIN D. BHOBE, J.
                                            DATE         :   11th SEPTEMBER, 2026.
                         P.C.
          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.09.11
          17:00:23
                         1.          Heard Mr. Shubham Vasekar, learned Advocate for the Applicant
          +0530




                         and Mr. Nitin B. Patil, learned A.P.P., for Respondent Nos.1 and 2 – State.


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

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

                         Applicant seeks pre-arrest bail, apprehending arrest in Crime No.0219 of

                         2026, dated 16.03.2026, registered at Karmala Police Station, District:

                         Solapur Rural, for the offences punishable under Sections 118(2), 118(1),

                         115(2), 351(2), 352, 189(2), 190, 191(2) and 191(3) of the Bharatiya

                         Nyaya Sanhita, 2023 (for short, “BNS”).


                Shantanu S. Dhudum
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                                                                901-ABA-518-2026 (CR).DOC


         3.          Mr. Shubham Vasekar, learned Advocate for the Applicant, states

         that there are five (5) accused in Crime No.0219 of 2026, with the

         Applicant being Accused No.3.


         4.          In brief, the case of the prosecution is that, on 13 th June, 2026,

         the Applicant and the co-accused assaulted the Informant (Suraj Salgude)

         and Avinash d. Rupnar with kicks, an iron rod and a sickle. The accused

         persons in Crime No.0219 of 2026 and the Informant have prior enmity.


         5.          Mr. Shubham Vasekar, learned Advocate for the Applicant

         submits that the investigation in Crime No.0219 of 2026 is complete. He

         submits that the weapons used in the crime have been recovered at the

         instance of Accused No.1 (Nilesh Vilas Salgude) and Accused No.2

         (Jaydatta Bibhishan Salgude), who have been released on bail. He,

         therefore, requests for bail.


         6.          Mr. Shubham Vasekar, learned Advocate for the Applicant, has

         stated that Accused Nos.1 and 2 in Crime No.0219 of 2026, who are

         alleged to have assaulted the Informant with the sharp weapons, have been

         released on regular bail by the Judicial Magistrate First Class, Karmala,

         District: Solapur. He further submits that Accused No.5 has been released

         on Anticipatory Bail by this Court on 11th August, 2026, in Criminal

         Anticipatory Bail Application No.445 of 2026.




Shantanu S. Dhudum
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                                                               901-ABA-518-2026 (CR).DOC


         7.          Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos.1 and 2 –

         State, by referring to the F.I.R., submits that the Applicant (Accused No.3)

         is involved in assaulting Avinash D. Rupnar, i.e. the friend of the Informant.

         He submits that Avinash D. Rupnar was assaulted on his head, hand and

         leg. By referring to the investigation papers and more particularly, the

         medical certificate of Avinash D. Rupnar, he submits that the injuries are

         grievous in nature. He submits that Accused Nos.1 and 2 are released on

         regular bail. He submits that the offence committed by the Applicant is

         serious in nature. He further submits that the Applicant has been

         absconding and that his custodial interrogation is required.


         8.          Perused the record with the assistance of the learned Advocates

         appearing for the parties.


         9.          A perusal of the F.I.R. indicates that the Applicant (Accused

         No.3) has assaulted the injured Avinash D. Rupnar the friend of the

         Informant, on his head, hand and knees with a sharp-edged weapon, i.e. a

         sickle. Avinash D. Rupnar has sustained fracture injury.


         10.         Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos.1 and 2 –

         State, by referring to the investigation papers, submits that the injuries

         caused to the injured on account of the assault by the Applicant are five in

         number, out of which two are grievous.




Shantanu S. Dhudum
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                                                               901-ABA-518-2026 (CR).DOC


         11.         The assault on Avinash D. Rupnar by the Applicant prima facie

         appears to be with intention to kill. In view of the nature of the allegations

         and the severity of the offence, no case is made out for indulgence. The

         Application is, therefore, rejected.




                                                      ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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