Bombay High Court

PANCHGANGA ALIAS PANCHABAI UTTAM KHARAT AND ANR.versusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The anticipatory bail application is allowed, subject to specified conditions, and the applicant is to be released on bail if arrested.

Summary

The Court considered an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Panchganga alias Panchabai Uttam Kharat, who faced alleged assault charges under several provisions of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant participated in a fight and assaulted a woman related to the informant, while the defence argued lack of evidence of weapon use or serious injury and highlighted the applicant’s gender. The Court noted that no material was placed on record regarding the nature of injuries and that custodial interrogation was unnecessary. Weighing the circumstances, the Court granted anticipatory bail with a set of conditions, including a personal bond, reporting requirements, and prohibitions on tampering with evidence. The application was consequently disposed of, with the bail order effective upon any arrest.

Issues considered

Whether anticipatory bail should be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present case
Whether custodial interrogation of the female applicant is warranted given the nature of the allegations
What conditions, if any, should be imposed on the grant of anticipatory bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 3(5), 351(2), 352

Subjects

anticipatory bail
Section 482
criminal procedure
bail conditions
women's rights
assault
investigation cooperation

Judgment

902-ABA-539-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 539 OF 2026
Panchganga Alias
Panchabai Uttam Kharat ...Applicant
Versus.
The State of Maharashtra and Anr. ...Respondents
-------
Ms. Tanvii Tapkire, Advocate for the Applicant.
Mrs. S. N. Deshmukh, APP for the Respondent – State.
API Chandrakant Jadhav, Jath Police Station, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 22nd September, 2026.
P.C. :
1. Heard, Ms. Tanvii Tapkire, learned Advocate for the Applicant

and Mrs. S. N. Deshmukh, learned APP for the Respondent – State.

2. At the outset, Ms. Tanvii Tapkire, learned Advocate for the

Applicants, on instructions from the Applicants, seeks leave to

unconditionally withdraw this Application on behalf of Applicant No. 2

(Uttam Dasharath Kharat). This request is not opposed by Ms.

Deshmukh, learned APP for the Respondent – State. In view of the

statement made by Ms. Tanvii Tapkire, learned Advocate for the

Applicants, leave is granted to withdraw this Application on behalf of

Applicant No. 2 (Uttam Dasharath Kharat). In view of the withdrawal,

this Application stands dismissed as against Applicant No. 2 (Uttam
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Dasharath Kharat).

3. Ms. Tanvii Tapkire, learned Advocate for the Applicants, requests

permission to carry out the amendment forthwith to delete the name of

Applicant No. 2 (Uttam Dasharath Kharat) from the cause title of this

Application. Leave to delete the name of the Applicant No. 2 (Uttam

Dasharath Kharat) from the cause title of this Application is granted.

Amendment be carried out forthwith.

4. Upon deletion of Applicant No. 2 (Uttam Dasharath Kharat),

Panchganga alias Panchabai Uttam Kharat, becomes the sole Applicant

in this Application.

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

Nagarik Suraksha Sanhita, 2023, the Applicant is before this Court

seeking pre-arrest bail, apprehending arrest in Crime No. 463 of 2026

for the offences punishable under Sections 109(1), 115(2), 118(1),

351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita,

2023.

6. Ms. Tanvii Tapkire, learned Advocate for the Applicant submits

that the prosecution case is that on 09.08.2026, at about 6:00 p.m., the

Informant (Arun Balu Kharat) had an altercation with his cousin, Vivek,

regarding a road in their agricultural field. The altercation escalated

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into a fight and on the subsequent day, i.e. 10.08.2026, an assault

occurred on the Informant and his family members. The Informant and

his family members sustained injuries in the said assault.

7. Ms. Tanvii Tapkire, learned Advocate for the Applicant, submits

that the allegations against the Applicant are of assaulting a woman

from the other group (i.e. a family member of the Informant). She

submits that the allegations are of the Applicant using fists and kicks in

the assault on the said woman.

8. Ms. Tanvii Tapkire, learned Advocate for the Applicant, submits

that the Applicant shall appear before the Investigating Officer at Jath

Police Station as and when required and shall cooperate in the

investigation of Crime No. 463 of 2026.

9. Mrs. S. N. Deshmukh, learned APP for the Respondent – State,

submits that the Applicant and her other family members had a

common intention to assault the Informant and his family members.

She submits that the evidence establishes the Applicant’s presence

during the assault.

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

for the parties.

11. The Applicant is alleged to have participated in the fight.
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According to the FIR, the Applicant was involved in a fight with another

woman (i.e. a family member of the Informant). No material has been

placed on record to indicate the nature of the injuries sustained by the

said woman during the assault. There are no allegations that the

Applicant used any weapon during the assault.

12. In view of the circumstances and the nature of allegations

against the Applicant, who is a woman, the custodial interrogation of

the Applicant in Crime No. 463 of 2026 is not required.

13. This application is therefore allowed on the following terms :-

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

No. 463 of 2026 registered with Jath Police Station,

the Applicant shall be released on bail upon furnishing

a PR bond of Rs. 25,000/- with one or two sureties in

the like amount, to the satisfaction of the Investigating

Officer of Jath Police Station.

(b) Applicant shall appear and report to the

Investigating Officer, Jath Police Station, on 28 th and

29th September, 2026, from 10:00 am to 12:00 noon

and thereafter as and when required by the

Investigating Officer in Crime No. 463 of 2026. The

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Applicant shall cooperate with the investigation in

Crime No. 463 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 the Investigating Officer

with her residential address along with proof, her

contact number, email and must inform the

Investigating Officer of any changes to this

information from time to time.

14. Anticipatory Bail Application No. 539 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.22
20:53:54
+0530 Arjun 5

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