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Bombay High Court

RAHUL ARUN MANEversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The appellant is entitled to bail.

Summary

The appellant, Rahul Arun Mane, was arrested in connection with a murder case (Crime No. 0428 of 2025) where he was alleged to have assisted a co‑accused in disposing of the victim’s body. The trial court had dismissed his bail application, but the appellant argued that his role was limited to evidence destruction and that a similarly situated co‑accused had been granted bail. The State contended that the appellant’s involvement was established, though it did not dispute the limited nature of his participation. The Court examined the FIR, the comparable bail order, and the length of the appellant’s pre‑trial detention, concluding that continued incarceration was unnecessary. Accordingly, the Court granted bail with standard conditions and allowed the appeal.

Issues considered

  • Whether the appellant, whose alleged participation is limited to disposal of the body, is entitled to bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Whether the appellant’s pre‑trial detention is justified in view of a co‑accused being released on bail on similar facts.
  • Whether the nature of the alleged offence (evidence tampering) warrants denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • evidence tampering
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
  • criminal appeal
  • pre‑trial detention
  • disposal of body

Judgment

                                                        501-apeal193-2026(1).doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                CRIMINAL APPELLATE JURISDICTION


                  CRIMINAL APPEAL NO. 193 OF 2026

Rahul Arun Mane
Age : 33 Occ : Labour
R/a: Borgaon, Shivaji Nagar,
Tal : Walva, Dist : Sangali – 415413
                                                          … Appellant
                    Versus.
  1.   State of Maharashtra
       Through Islampur Police Station,
       Takari Road, Tal : Walva,
       Dist : Sangali - 415409

  2.   Superintendent of Police, Sangali
       Vishrambaug, Tal : Miraj
       Dist : Sangali – 416415
                                                          … Respondents



                                   -----
Mr. Amol Thorat with Ms. Shraddha Patil and Mr. Manoj
Patil i/by Mr. Vijay Kharat for the Appellant.
Dr. Ashvini A. Takalkar, APP for the State.
Ms. Suvarna Yadav for Respondent No.2 (Appointed
through Legal Aid.)
                                   -----



                              CORAM           : ASHWIN D. BHOBE, J.

                              DATED           : SEPTEMBER 4, 2026




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ORAL JUDGMENT:-


1.    Heard Mr. Amol Thorat, learned Advocate for the Appellant, Dr.

A. A. Takalkar, learned APP for the State and Ms. Suvarna Yadav,

learned Advocate for Respondent No. 2.


2.    By this Appeal filed under 14-A of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Appellant

seeks bail in Crime No. 0428 of 2025.


3.    Mr. Amol Thorat, learned Advocate for the Appellant, states that

Crime No. 0428 of 2025 is registered as Special Case No. 01 of 2026

and is pending before the Additional Sessions Judge, Islampur (“Trial

Court”).


4.    The prosecution case is that the accused persons in Crime No.

0428 of 2025 committed the murder of Rasika Mallik Kadam

(deceased).


5.    The Appellant was arrested on 8 th November 2025. The Bail

Application at Exhibit-21 in Special Case No. 01 of 2026, filed by the

Appellant, was dismissed by the Trial Court on 1st April 2026.


6.    Mr. Amol Thorat, learned Advocate for the Appellant, submits

that the allegation in Crime No. 0428 of 2025 against the Appellant is

that he assisted Tukaram Shankar Wategaonkar (Accused No. 1) in




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disposing of the body of the deceased. He further submits that apart

from this allegation, there are no other allegations against the

Appellant. He further submits that on similar facts, Ganesh Yerkar

(Accused No. 2) has been released on bail by the Sessions Court vide

order dated 5th February 2026.


7.    Dr. A. A. Takalkar, learned APP for the State, submits that the

involvement of the Appellant in Crime No. 0428 of 2025 is made out

from the record. She, however, does not contest the statement made by

Mr. Amol Thorat, learned Advocate for the Appellant, that the

involvement of the Appellant in the present crime is limited to the

destruction of evidence.


8.    Ms. Suvarna Yadav, learned Advocate for Respondent No. 2,

submits that the Appellant assisted the co-accused in committing the

brutal murder of Rasika Manik Kadam and in thereafter destroying the

evidence of the crime.


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


10.   The FIR indicates that the Appellant's involvement in the crime

was assisting Tukaram Shankar Wategaonkar (Accused No. 1) in

disposing of the body of the deceased after the murder was committed

allegedly by Accused No. 1. Apart from this involvement, there is no

other material indicating that the Appellant participated in the




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commission of the murder. On similar, if not identical, facts, Ganesh

Yerkar (Accused No. 2) is released on bail by the Sessions Court on 5 th

February 2026. The Appellant has been in custody since 8th November

2025.


11.     Considering the allegations against the Appellant in Crime No.

0428 of 2025, the substantial time the trial would take and the fact that

Accused No. 2, who is identically placed, has been released on bail, the

continued incarceration of the Appellant pending the trial of Special

Case No. 01 of 2026 is unnecessary. The Appellant is, therefore, entitled

to bail.


12.     In view of the above, the following order:


        (i)    The Appellant in Crime No. 0428 of 2025, dated 7 th

        November 2025, registered with Islampur Police Station, District

        Sangli shall be released on bail upon furnishing a PR bond of Rs.

        25,000/- (Rupees Twenty Five Thousand only) with one or two

        sureties in the like amount, to the satisfaction of the Additional

        Sessions Judge, Islampur in Sessions Case No. 01 of 2026.


        (ii)   The Appellant shall not, directly or indirectly, make any

        inducement, threat or promise to any person acquainted with the

        facts of the case to dissuade that person from disclosing the facts

        to the Court or any police officer. Appellant shall not tamper with




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                             evidence in any manner.


                             (iii)   The Appellant shall provide the Investigating Officer at

                             Islampur Police Station, with his residential address and proof

                             thereof, his contact number and must inform the Investigating

                             Officer, of any changes to this information from time to time.


                             (iv)    The Appellant shall regularly appear before the Additional

                             Sessions Judge, Islampur, in Sessions Case No. 01 of 2026,

                             whenever the matter is fixed, unless specifically exempted. If the

                             Applicant fails to appear before the Trial Court on the fixed date,

                             the same will be considered a breach of condition, and the Trial

                             Court, will be at liberty to pass appropriate orders.


                       13.   Criminal Appeal No.193 of 2026 is allowed.




          Digitally
                                                                  (ASHWIN D. BHOBE, J.)
          signed by
          VAIBHAV
VAIBHAV   RAMESH
RAMESH    JADHAV
JADHAV    Date:
          2026.09.04
          20:55:27
          +0530




                       VRJ                                                                          5


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