Bombay High Court
NARAYAN TRIMBAK WAGHMAREversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Withdrawn
- Bench
- MEHROZ K PATHAN
Holding
Anticipatory bail is granted to the applicant subject to strict conditions.
Summary
The applicant, Gangaram Vithoba Karande, sought anticipatory bail fearing arrest under FIR No. 24 of 2026 alleging assault with an axe during a long‑standing land‑dispute. The prosecution alleged that the applicant assaulted the complainant, causing simple injuries, while co‑accused caused grievous injuries. The applicant argued false implication, lack of prior criminal record, and offered to comply with court conditions. The State opposed bail, citing seriousness of the offence, eyewitnesses, and risk of repeat violence. The Court, after reviewing the injury certificate and noting the possibility of false implication, exercised its power under Section 482 of the BNS, 2023 and granted anticipatory bail with stringent reporting and non‑entry conditions, ordering a bond of Rs. 50,000 with sureties.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 of the BNS, 2023.
- Whether the seriousness of the alleged assault and the risk of repeat offence justify denial of bail.
- Whether the possibility of false implication in the context of a land‑dispute warrants bail.
Legislation cited
- BNS, 2023 — s. 115(2), 118(1), 118(2), 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- Section 482
- assault with dangerous weapon
- land dispute
- false implication
- bail conditions
- criminal procedure
Judgment
2026:BHC-AUG:19390
946 ABA NO. 525 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 525 OF 2026
Gangaram Vithoba Karande
VERSUS
The State Of Maharashtra And Another
…
WITH
CRIMINAL APPLICATION NO. 1260 OF 2026
IN ABA/525/2026
…
• Mr. S. J. Salunke, Advocate for Applicant
• Mr. D. J. Patil, APP for Respondents - State
• Mr. S. R. Zambare, Advocate for Assisting the Prosecution
…
CORAM : MEHROZ K. PATHAN, J.
DATED : 28.04.2026
PER COURT :
1. Heard the learned counsel for the applicant, the learned APP
for the State, and the learned assisting counsel.
2. The applicant has approached this Court apprehending arrest
in connection with FIR No. 24 of 2026 dated 21.01.2026, registered
with Beed (Rural) Police Station, District Beed, for the offences
punishable under Sections 118(2), 118(1), 115(2), 352, 351(2), and
3(5) of the BNS, 2023.
3. The prosecution case, in brief, is that the informant Narayan
Waghmode lodged the FIR against the present applicant and three
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946 ABA NO. 525 OF 2026
others alleging that there exists a dispute between them regarding a
common ridge adjoining their agricultural lands. It is alleged that on
17.01.2026 at about 3:30 p.m., while the informant was watering his
crops and his wife and daughter-in-law were weeding the field, the
applicant along with his sons and co-accused, namely Baburao
Karande and Natha Karande, were cutting trees situated on the said
ridge. When the informant objected to the same, the applicant
allegedly abused him and assaulted him with the handle of an axe on
the area above his left eye. Co-accused Natha Karande is alleged to
have assaulted the informant with the handle of an axe on his
shoulder, while co-accused Baburao Karande assaulted him by fist
blows. It is further alleged that a relative of the applicant rushed to
the spot and assaulted the informant with an axe. Upon intervention
by the informant’s family members, the accused persons extended
threats to kill the informant, and on the basis of this incident, the
present FIR came to be registered.
4. Learned counsel for the applicant submits that the applicant is
falsely implicated in the present crime, and that there exists a
longstanding dispute between the applicant’s family and the
complainant’s family regarding a common pathway in the agricultural
field. It is submitted that there are several FIRs and NCRs filed
against each other by both families. The role attributed to the
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946 ABA NO. 525 OF 2026
applicant is that of assault by means of the wooden handle of an axe,
and the injury caused is simple in nature. The other co-accused have
already been arrested and released on regular bail. The applicant has
no criminal antecedents, except for cases arising out of the said
dispute between the families. The applicant has deep roots in society
and is ready to abide by any conditions that may be imposed by this
Court. Hence, the applicant may be protected.
5. Per contra, the learned APP as well as the learned assisting
counsel strongly oppose the bail application on the ground that there
is a longstanding dispute between the applicant’s family and the
complainant’s family. The applicant is directly implicated in the FIR
as having assaulted the complainant by means of a dangerous
weapon. The offence is serious in nature and is punishable with life
imprisonment. The offence of voluntarily causing grievous hurt by
means of a dangerous weapon is made out against the present
applicant. The injury certificate corroborates the allegations in the
FIR, and there are eyewitnesses to the incident. It is further
submitted that, considering the ongoing dispute, there is every
likelihood that the applicant, if released on bail, may again commit
similar offences and thereby disturb law and order in the village.
Hence, the application may be rejected.
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946 ABA NO. 525 OF 2026
6. I have gone through the investigation papers made available by
the learned APP. Upon perusal of the investigation papers and the
injury certificate, it appears that the injuries attributed to the assault
by the applicant are simple in nature, whereas the injuries on the left
shoulder are shown to be grievous. However, the said grievous
injuries are attributed to another co-accused who has already been
arrested and released on regular bail. It further appears that the
applicant’s family members and the complainant’s family members
have a longstanding dispute regarding the right of way over their
adjoining agricultural lands. In such circumstances, the possibility of
false implication of the entire family members, including the
applicant, cannot be ruled out at this stage. However, these
observations are prima facie in nature and are made only for the
purpose of deciding the present application, and shall not influence
the Trial Court. The apprehensions expressed by the learned APP can
be adequately addressed by imposing stringent conditions upon the
applicant. Hence, I am inclined to protect the present applicant in
exercise of powers under Section 482 of the BNSS. Accordingly, the
following order is passed:
ORDER
i. The Anticipatory Bail Application is allowed.
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946 ABA NO. 525 OF 2026
ii. In the event of arrest of the Applicant – Gangaram Vithoba
Karande, he shall be released on bail on furnishing a P.R.
bond of Rs. 50,000/- (Rupees Fifty Thousand only) with
one or two solvent sureties in the like amount each, in
connection with FIR No. 24 of 2026 registered with Beed
(Rural) Police Station, District Beed, for the offences
punishable under Sections 118(2), 118(1), 115(2), 352,
351(2), and 3(5) of the BNS, 2023, subject to the following
conditions:
A) The Applicant shall attend the concerned police
station and report to the Investigating Officer on every
Saturday between 12:00 noon and 02:00 p.m. till
framing of the charge.
B) The Applicant shall not enter village Aher Chincholi
till framing of the charge.
C) The Applicant shall also cooperate with the
investigation.
D) The Applicant shall not pressurize the prosecution
witnesses and shall not tamper with the prosecution
evidence, in any manner.
E) The applicant shall furnish copies of his Aadhaar Card
and PAN Card to the Investigating Officer along with
the addresses and mobile numbers of two nearest
relatives.
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946 ABA NO. 525 OF 2026
7. Needless to say, violation of any of the aforesaid conditions
may entitle the prosecution to seek cancellation of the anticipatory
bail granted hereinabove.
8. The observations made herein are prima facie and shall not
influence the Trial Court while deciding the case on its own merits.
9. In view of the above, the Anticipatory Bail Application stands
disposed of.
10. Application for assisting the prosecution also stands disposed
of.
( MEHROZ K. PATHAN, J. )
Jhs/ 6/6
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