Bombay High Court

DNYANESHWAR DINKAR DHAKANE AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The anticipatory bail application is allowed, granting bail to the nine applicants subject to conditions.

Summary

The applicants, nine accused persons in Crime No. 692 of 2026, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that the allegations against them were vague and that the deceased’s death resulted from a heart attack, not the injuries alleged. The prosecution contended that the applicants participated in an assault involving fists, kicks, and a knife, causing internal injuries to the deceased. The court noted that the FIR did not assign specific roles to the nine applicants, and there were no external injuries on the deceased, rendering a case for custodial interrogation untenable. Considering the nature of the allegations, the presence of elderly women among the applicants, and the lack of concrete evidence linking them individually, the court granted anticipatory bail with strict conditions. The order also clarified that the bail order would not affect the trial proceedings.

Issues considered

The applicability of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the nine applicants.
Whether the FIR and the nature of the alleged offences justify custodial interrogation of the applicants.
Whether the lack of specific allegations against individual applicants warrants the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 175(3), 482
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 118(1), 118(2), 127(7), 189(2), 189(4), 190, 191(2), 191(3), 351(2), 351(3), 352

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
group assault
bail conditions
custodial interrogation
FIR

Judgment

25-ABA-535-2026 (1).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 535 OF 2026
Mahadev Uttam Dhakane And Ors. ...Applicants
Versus
The State of Maharashtra And Anr. ...Respondents
----
Mr. Jaydeep Mane a/w Mihir Mondkar,, Advocate for the Applicants.
Mr. S. H. Yadav, APP for the Respondent – State.
Mr. Ritesh Thobde, Advocate for the Intervenor.
PC Chormale, Karmala Police Station, Solapur Rural, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 30th September, 2026.
P.C. :

1. Heard, Mr. Jaydeep Mane, learned Advocate for the Applicants,

Mr. S. H. Yadav, learned APP for the Respondent – State and Mr. Ritesh

Thobde, learned Advocate for the Intervenor.

2. At the outset, Mr. Jaydeep Mane, learned Advocate for the

Applicants, seeks leave to withdraw the request for Anticipatory Bail

Application on behalf of Applicant No.1 (Dnyaneshwar Dinkar

Dhakane), who is Accused No. 1 in Crime No. 692 of 2026. He therefore

seeks leave to delete the name of Applicant No. 1 from the cause title of

this Application. This request made by Mr. Jaydeep Mane, learned

Advocate for the Applicants, is not opposed by Mr. S. H. Yadav, learned

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APP for the Respondent – State and Mr. Ritesh Thobde, learned

Advocate for the Intervenor.

3. In view of the statement made by Mr. Jaydeep Mane, learned

Advocate for the Applicants, leave is granted to withdraw this

Application on behalf of Applicant No. 1-Dnyaneshwar Dinkar Dhakane

(Accused No. 1). Mr. Jaydeep Mane, learned Advocate for the

Applicants, seeks permission to carry out the amendment forthwith to

delete Dnyaneshwar Dinkar Dhakane (Accused No. 1) from the cause

title and to rearrange the numbering of the Applicants. Permission is

granted. Amendment be carried out forthwith.

4. Upon deletion of the name of Dnyaneshwar Dinkar Dhakane

(Accused No. 1) from the cause title, this Application stands dismissed

qua Dnyaneshwar Dinkar Dhakane (Accused No. 1). Upon such

deletion, there are nine (9) Applicants in this Application.

5. By this Application filed under Section 482 of the Bharatiya

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

apprehending arrest in connection with Crime No. 692 of 2026

registered at Karmala Police Station, for offences punishable under

Sections 352, 351(3), 351(2), 191(3), 191(2), 190, 189(4), 189(2),

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127(7), 118(2), 118(1), 115(2), 109(1) and 103(1) of the Bharatiya

Nyaya Sanhita, 2023.

6. Mr. Jaydeep Mane, learned Advocate for the Applicants, states

that Applicant Nos. 1 to 9 are the respective Accused Nos. 2 to 10 in

Crime No. 692 of 2026.

7. In brief, the prosecution case as revealed in the FIR is that a

dispute arose between the family of Shubham Vasant Kekan

(Intervenor-Informant) and the accused persons in respect of

agricultural land bearing Gat No. 255 at Ravagaon. The Intervenor

claims that various revenue proceedings and a civil suit concerning the

disputed land were decided against the accused persons. That on

20. 06. 2026, at about 4: 30 p. m., when the Intervenor was cultivating

the disputed land with a tractor, in the presence of his father-Vasant

Nivrutti Kekane (“deceased”) and other relatives, all the Applicants

arrived at the spot. Applicant No. 1, Applicant No. 2 and Applicant No.

3 were carrying stones and sticks, whereas Accused No. 1

(Dnyaneshwar Dinkar Dhakane) was carrying a sharp knife. The

accused persons stopped the tractor, threatened the Intervenor and his

father and assaulted them. When the Intervenor intervened to rescue

his father, he was also assaulted. During the incident, Vishwas Kekan

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sustained an injury to his left ankle and Vaibhav Kekan sustained

injuries to his face and nose. Pravin Kekan sustained an injury to his

right forearm caused by a sharp weapon. The Intervenor approached

Karmala Police Station, but the police did not register the complaint. On

the same night, as the father of the Intervenor experienced severe chest

pain, the Intervenor took him to Vithai Multispeciality

Hospital,Karmala, where he was declared dead before treatment. The

post-mortem report records fractures of his ribs. The Intervenor claims

that despite approaching the police authorities on several occasions and

submitting written complaints to Senior Police Officers on 04. 07.

04.07.2026 and 08. 07. 08.07.2026, no action was taken on his

complaint. Subsequently, the Intervenor approached the Court of the

Magistrate seeking appropriate directions under Section 175(3) of the

Bharatiya Nagarik Suraksha Sanhita, 2023, for an investigation into the

offences. Crime No. 692 of 2026 was registered pursuant to the

direction in the said proceedings.

8. Mr. Jaydeep Mane, learned Advocate for the Applicants, submits

that although the FIR alleges that the Applicants used knives and stones

to assault the deceased, the deceased sustained fractures of the 5 th, 6th

and 7th ribs on the chest, without any external injuries. He submits that

the death of the deceased is due to a heart attack and not the injuries to
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the ribs. He submits that Crime No. 692 of 2026 is a counterblast to the

FIR lodged by the Applicants earlier and registered as Crime No. 578 of

2026 at Karmala Police Station. He submits that, out of vengeance, the

Intervenor has joined all members of the Applicants’ family, including

four (4) women, one of whom is 80 years of age and one (1) senior

citizen aged 82 years, as mentioned in the cause title. He submits that

the Applicants are not involved in the offence.

9. Mr. S. H. Yadav, learned APP for the Respondent - State, submits

that in the incident of 20.06.026, the Applicants, along with

Dnyaneshwar Dinkar Dhakane (Accused No. 1), assaulted the deceased

with kicks and fist blows. He submits that Pravin Kekan was assaulted

with a knife. He submits that the knife used to assault Pravin Kekan was

wielded by Accused No. 1 (Dnyaneshwar Dinkar Dhakane). He further

submits that the injuries sustained by the deceased are internal, i.e. to

the ribs. He submits that the Applicants are ready to appear before the

Investigation Officer at Karmala Police Station as and when required

and to cooperate with the investigation in Crime No. 692 of 2026.

10. Mr. Ritesh Thobde, learned Advocate for the Intervenor, submits

that the incident of 20.06.2026 arose out of a group fight. As such, it

was difficult for the Intervenor to identify and refer to the specific role

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of each of the Applicants in the assault on the deceased or on other

persons who were injured. He further submits that despite the assault

on the deceased, the police did not register an FIR, which led the

Intervenor to file a private complaint before the Magistrate.

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

12. Apparently, the alleged incident of 20.06.2026, which Mr. Ritesh

Thobde, learned Advocate for the Intervenor, refers to as a group fight,

has two FIR’s registered. The first is at the instance of the Applicants,

registered as Crime No. 578 of 2026 and the second is at the instance of

the Intervenor, registered as Crime No. 692 of 2026, both at Karmala

Police Station, Solapur.

13. A perusal of the FIR in Crime No. 692 of 2026 indicates that

although there are allegations that the deceased was assaulted with

fists, kicks and blows, these allegations do not pertain to any specific

individual. No specific role is assigned to any of the Applicants.

14. The allegation of the use of a knife to assault Pravin Kekan is said

to be at the instance of Accused No. 1 (Dnyaneshwar Dinkar Dhakane).

15. Out of the nine (9) Applicants (Accused Nos. 2 to 10), four (4)

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women, one of whom is 80 years of age and one (1) senior citizen aged

82 years. Applicant No.2 is 64 years of age.

16. Considering the aforesaid circumstances, the nature of the

allegations against these Applicants in Crime No. 692 of 2026 and the

absence of external injuries on the deceased, no case is made out for

custodial interrogation of the Applicants.

17. 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. 692 of 2026 registered with Karmala Police

Station, the Applicants shall be released on bail upon

each of them furnishing a PR bond in the sum of Rs.

15,000/-, with two sureties in the like amount, to the

satisfaction of the Investigating Officer of Karmala

Police Station.

(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
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Court or any police officer.

any manner.

(d) Applicants shall appear and report to the

Investigating Officer, Karmala Police Station, as and

when directed by the Investigating Officer. Applicants

shall co-operate with the Investigating Officer in the

investigation of Crime No. 692 of 2026.

(e) The Applicants shall provide the Investigating

Officer, Karmala Police Station, 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. The observations made in this order are for deciding the Bail

Application and will not affect the trial.

19. Anticipatory Bail Application No. 535 of 2026 is disposed of.

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE (ASHWIN D. BHOBE, J.)
RODGE Date:
2026.10.01
19:15:47
+0530
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