Bombay High Court

LAXMI RAMESH KHARATversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed
Bench: SACHIN SHIVAJIRAO DESHMUKH

Holding

The Court held that, in view of the absence of intent or pre‑meditation and the benefit under Section 480 of the Bhartiya Nagarik Suraksha Sanhita, bail should be granted to the applicant.

Summary

Laxmi Ramesh Kharat, the wife of a deceased man, was charged under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 for the death of her husband, which she claims arose from a domestic dispute and lack of pre‑meditation. The incident involved the husband, allegedly drunk, assaulting her, after which family members intervened and the husband died. The applicant argued she was falsely implicated, that no lethal weapon was used, and invoked the special bail protection for women under Section 480 of the Bhartiya Nagarik Suraksha Sanhita, 2023. The State contended the offence was serious and that the applicant, along with other family members, participated in the murder. The Court, after examining the FIR and noting the absence of intent, the statutory benefit for women, and the impracticality of a speedy trial, allowed the bail application subject to conditions.

Issues considered

Whether the applicant's conduct satisfies the elements of offences under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
Whether the statutory protection under Section 480 of the Bhartiya Nagarik Suraksha Sanhita, 2023 warrants grant of bail to a woman accused of such offences.
Whether the trial can be completed within a reasonable period justifying continued detention.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 480(1)
Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)

Subjects

bail
criminal procedure
domestic violence
murder
women's protection
Section 480
Bhartiya Nyaya Sanhita
Bhartiya Nagarik Suraksha Sanhita
intent
premeditation

Judgment

6-BA-298-2026 (CR).doc

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

CRIMINAL BAIL APPLN. NO. 298 OF 2026

Laxmi Ramesh Kharat
Vs.
State Of Maharashtra & Anr.

Mr. Ramanik Pawar a/w Mr. Amit Waykool i/b Mr. S. V. Mahamulkar,
advocate for the Applicant
Mr. Anand S. Shalgaonkar APP for the State

CORAM : SACHIN S. DESHMUKH, J.
DATE : 28th APRIL, 2026.

P. C. :

1. The applicant seeks regular bail in connection with C.R. No.

318/2025 dated 27/07/2025 registered with Umbraj Police Station,

District Satara for offences punishable under Sections 103(1) and

3(5) of the Bhartiya Nyaya Sanhita, 2023.

2. Learned counsel for the applicant submits that the applicant is

falsely implicated in the crime. The alleged incident has occurred

owing to domestic discord. As such, there is no pre-meditation on

the part of the applicant. There is no use of deadly or lethal weapon

Digitally by the applicant and in the absence of injuries to the vital parts of
signed by
IRESH
IRESH MASHAL
MASHAL Date:
2026.04.28
20:16:40
the body of the deceased, the allegations remain unsubstantiated.
+0530

Iresh 1 of 4
6-BA-298-2026 (CR).doc

The applicant is in custody since 27/07/2025 and being a woman is

also entitled for statutory protection under Section 480 of Bhartiya

Nagarik Suraksha Sanhita, 2023. Hence, prayed to allow the

application.

3. Learned APP has opposed the application submitting that the

offence is serious in nature. The applicant is the wife of the

deceased and alongwith the other family members/co-accused

committed the murder. As such, prayed to reject the application.

4. Having heard the submissions from both the sides and upon

perusal of the record, particularly the F.I.R. indicates that the

applicant is the wife of the deceased and the other co-accused are

the family members. The alleged incident appears to have occurred

on account of deceased who was drunk and allegedly beat the

applicant due to a trivial issue of not having cooked the meal.

Consequently, the other family members/co-accused tried to rescue

the applicant resulting into a sudden quarrel and the subsequent

death of the deceased.

5. Considering the over all facts and circumstances, prima facie

the role of the applicant does not satisfy the requirements under

Iresh 2 of 4
6-BA-298-2026 (CR).doc

Section 103 of the Bhartiya Nyaya Sanhita, 2023 as there is absence

intent or of pre-meditation. Furthermore, the co-accused i.e.

daughter of the applicant is released on bail by this Court vide order

dated 01/04/2026 in Criminal Bail Application No. 232 of 2026.

6. Under the proviso to Section 480(1) of the Bharatiya Nagarik

Suraksha Sanhita, 2023, the legislature provides a distinct benefit to

women in matters of bail. Considering that applicant is old woman,

the Court exercises its judicial discretion to lean towards release.

7. Nevertheless, the investigation is complete for all intent and

purpose and the charge-sheet is filed. Having regard to the number

of witnesses which the prosecution proposes to examine, it is very

unlikely that the trial can be commenced and concluded within a

reasonable period. The arrest of the applicant has been effected on

27/07/2025 and since then, the applicant is in jail.

8. Hence following order.

ORDER

I. The bail application is allowed.
II. Applicant, Laxmi Ramesh Kharat be released on bail, on
furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty
Thousand) with one or two local solvent sureties, in the like

Iresh 3 of 4
6-BA-298-2026 (CR).doc

amount, in connection with C.R. No. 318/2025 dated
27/07/2025 registered with Umbraj Police Station, District
Satara for offences punishable under Sections 103(1) and
3(5) of the Bhartiya Nyaya Sanhita, 2023, on the following
conditions :-

(a) The applicant shall not pressurize the
prosecution witnesses and tamper with the
prosecution evidence, in any manner.

(b) The applicant shall attend the trial on each and
every date unless exempted by the trial Court.

(c) The applicant shall submit Aadhar and Pan Cards
to the Investigating Officer and detailed address and
phone numbers and two of the near relatives.

(d) In case of breach of any of the conditions by the
applicant, it is open for the Prosecution to move the
concerned Court seeking cancellation of bail,
notwithstanding the fact that this Court has granted
bail to the Applicant.

9. Needless to state 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.]

Iresh 4 of 4

Continue reading with your account

Checking your session…