Bombay High Court
SHREYAS YOGESH JOSHIversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The court granted regular bail to the applicant, finding the incident to be a spontaneous act without pre‑meditated intent and deeming further detention unjustified.
Summary
Shreyas Yogesh Joshi applied for regular bail in a case arising from a neighborly dispute over barking dogs that escalated into a violent assault. The complainant and his father were attacked with knives after a heated confrontation, resulting in serious injuries. The prosecution argued the offences under Sections 109, 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 were serious and that bail could jeopardise evidence. The defence contended the incident was spontaneous, without pre‑meditation, and that co‑accused were already on bail, making further detention unnecessary. The court, noting the lack of pre‑planned intent, the possibility of trial delay, and the bail already granted to co‑accused, exercised its discretion in favour of the applicant and granted regular bail with conditions.
Issues considered
- Whether the applicant, Shreyas Yogesh Joshi, is entitled to regular bail for offences under Sections 109, 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the incident—spontaneous escalation of a trivial neighbor dispute—justifies bail despite the seriousness of the injuries inflicted.
- Whether the risk of tampering with evidence or influencing witnesses warrants continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 351(2)(3)
Subjects
- bail
- criminal procedure
- assault
- neighbor dispute
- Bharatiya Nyaya Sanhita
- Section 109
- Section 351
- Section 3
- heat of passion
- undertrial detention
Judgment
921 CriBA No.202.2026
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 202 OF 2026
SHREYAS YOGESH JOSHI
VERSUS
THE STATE OF MAHARASHTRA AND ANR.
...
Advocate for Applicant : Mr. Sagar Shinde
APP for Respondent-State : Dr. Ms. A. A. Takalkar
...
CORAM : SACHIN S. DESHMUKH, J.
Date : 27th March, 2026
PER COURT :-
1. The applicant has approached this Court seeking
regular bail in connection with FIR dated 25.09.2025 bearing Crime
No. 329 of 2025 registered with Shahapur Police Station, Dist.
Kolhapur for the offences punishable under Sections 109, 351(2)
(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. The case of the prosecution is that the on 24.09.2025,
after returning from work around 21:00 hours, the complainant
was informed by his father that their neighbor, maintained pet
dogs that had been barking excessively throughout the afternoon.
Due to the disturbance, the complainant’s father had raised a
grievance with applicant’s wife. Approximately at 21:30 hours,
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applicant, accompanied by his wife and friends, confronted the
complainant in front of his residence. Shreyas intimidated the
complainant, questioning why he had confronted his wife instead of
calling him directly regarding the dogs. At that time, a neighbor
named Basavraj Magiri intervened and persuaded Shreyas and his
wife to leave. However, around 22:30 hours, Shreyas returned with
his mother, Manjiri Joshi, and his friends. Manjiri called the
complainant out of his house. When the family stepped outside,
Manjiri confronted the complainant, saying, "How dare you speak
to my son about the dogs barking?" She then grabbed the
Complainant by his collar and slapped him.
3. It is further alleged that following this, Manjiri allegedly
incited the group. Activating this provocation, applicant stabbed the
complainant below the left ribs with a knife. When the
Complainant’s father rushed to intervene, one of Shreyas’s friends
stabbed him in the abdomen, causing serious injury. Upon noticing
this, a local resident, approaching to help, the accused, his mother,
and their friends, fled the scene. The neighbors immediately
transported the Complainant and his father to IGM Hospital,
Ichalkaranji, from where they were later shifted to a hospital in
Kolhapur for advanced medical treatment.
921 CriBA No.202.2026
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4. The learned counsel for the applicant submits that the
entire incident arose from a trivial neighborly dispute on account of
barking of pet dogs. There was no prior enmity or planned
conspiracy to commit a crime. The altercation occurred in the heat
of the moment following a verbal confrontation. The learned
counsel also submits that a co-accused in this crime has already
been enlarged on bail. Hence, it is prayed that the application be
allowed.
5. The learned APP opposed the application, submitting
that the offense is serious in nature and that there is sufficient
material on record to establish the applicant’s complicity.
Furthermore, the APP argued that if the applicant is released on
bail, there is every possibility of the prosecution evidence being
tampered with. Accordingly, it was prayed that the application be
rejected.
6. Upon considering the submissions of both sides and
perusing the material on record, including the charge-sheet, it
prima facie indicates that the incident was not a pre-planned
criminal act but a spontaneous escalation of a trivial neighborhood
dispute regarding pet dogs. The sequence of heated arguments
occurring shortly before the alleged assault. The act appears to
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have been committed in the heat of passion following a sudden
quarrel.
7. Furthermore, the co-accused persons in the crime have
been enlarged on bail by the Sessions Court. Nevertheless, the
investigation is complete for all intent and purpose and the charge-
sheet is filed. Having regard to the number witnesses which the
prosecution proposes to examine, it is very unlikely that the trial
can be commenced and concluded within a reasonable period.
8. As such, further detention of the applicant as an under
trial prisoner, in the circumstances of the case, does not seem to
be either warranted or justifiable. I am, therefore, persuaded to
exercise the discretion in favour of the applicant.
9. Hence, the following order:
ORDER
(I) Application is allowed.
(II) Applicant – Shreyas Yogesh Joshi be released on
regular bail on furnishing P.R. bond of Rs. 50,000/-
(Fifty Thousand Only) with one or two local solvent
sureties in the like amount, in Crime No. 329 of 2025
registered with Shahapur Police Station, Dist.
Kolhapur for the offences punishable under Sections
109, 351(2)(3), 3(5) of the Bharatiya Nyaya Sanhita,
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2023, on the following conditions :-
(a) The applicant shall attend each and every date of the
Trial Court unless exempted by the Trial Court.
(b) The applicant shall not pressurize the prosecution
witnesses and shall not tamper with the prosecution
evidence, in any manner.
(c) The applicant shall submit his Aadhar and Pan Card to
the Investigation Officer and detailed addresses and
phone numbers of applicant and two of the near
relatives.
(d) Breach of any of the conditions by the applicant
would entail the cancellation of the bail.
(iii) Needless to states that the observations rendered
herein are to the extent of this application and the
trial court shall not be influenced by the same.
(SACHIN S. DESHMUKH, J.)
Omkar Joshi
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