Bombay High Court
KAMALKISHOR RAMESH BHATversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court granted bail to the accused with conditions, finding no sufficient ground to deny bail.
Summary
Kamalkishor Ramesh Bhat applied for regular bail in a murder case (IPC s.302) and offences under the Maharashtra Police Act. The prosecution alleged he stabbed the deceased on 19 February 2024 and warned of possible absconding and witness tampering if released. The defence highlighted that the accused had been in custody for over two years with no trial progress, arguing that the incident was a sudden quarrel and that evidence of guilt was not yet established. The Court examined the bail criteria, the delay in trial, and the risk to witnesses, and decided to grant bail subject to a personal bond, sureties, and strict conditions restricting movement and contact with witnesses. The order emphasized that the trial court must decide the case on its merits independently of the bail order.
Issues considered
- Whether bail should be granted in a murder case where the accused has been in custody for more than two years with no trial progress
- Whether the risk of absconding or tampering with witnesses justifies denial of bail
Legislation cited
- Indian Penal Code, 1860 — s. 302
- Maharashtra Police Act — s. 135, 37(1)(3)
Subjects
- bail
- murder
- IPC 302
- Maharashtra Police Act
- trial delay
- witness tampering
- criminal procedure
Judgment
9-BA-127-2026.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 127 OF 2026
Kamalkishor Ramesh Bhat … Applicant/s
Versus
The State of Maharashtra … Respondent/s
_________________________________________________________________
Mr. Ashraf Kazi along with Mr. Govind B. Munde, Mr. Tanmay Kate and
Mr. Ajay Gawali i/b. Mr. Mahesh Sakhare, Advocate for the Applicant.
Mr. B. B.Kulkarni, APP for Respondent-State.
API-Vithhal, Chinchwad Police Station, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 4th MARCH, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 55 of 2024 registered with Chinchwad Police Station, District -
Pune, for the offences punishable under Section 302 Indian Penal Code
1860 and Sections 37(1)(3) and 135 of the Maharashtra Police Act.
2. It is prosecution’s case that on 19th February, 2024, the
applicant assaulted the deceased with knife and murdered him on the
ground of quarrel.
3. It is contention of learned counsel for the applicant that the
Digitally applicant is behind bars for more than two years, yet there is no progress
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM in the trial. The incident occurred suddenly. The applicant had no
KADAM Date:
2026.03.06
11:08:02
+0530 intention to kill the deceased and requested to allow the application.
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9-BA-127-2026.doc
Shubhada S Kadam
4. It is contention of learned APP that the applicant assaulted the
the deceased with knife. There is an eye witness to the incident. If the
applicant is released on bail, he may abscond or threaten the prosecution
witnesses and requested to reject the application.
5. I have heard both learned counsel, perused charge-sheet and
the documents produced on record. It appears from record that the
incident occurred due to sudden quarrel. To prove the involvement of the
applicant in the crime, evidence is required. The applicant is behind bars
for more than two years, there is no progress in the trial. It may take time
to conclude the trial. Considering these facts, I pass following order :
ORDER
(i) The applicant be enlarged on bail in Crime No. 55 of 2024
registered with Chinchwad Police Station, District -Pune, on
executing P.R.Bond in the sum of Rs.30,000/- with one or two
sureties in the like amount.
(ii) The applicant shall not enter in Pimpri-Chinchwad District
except for attending court dates till conclusion of the trial.
(iii) The applicant shall attend the concerned police station as and
when required.
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9-BA-127-2026.doc
Shubhada S Kadam
(iv) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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