Bombay High Court

DILIP GUNDA SATHEversusSTATE OF MAHARASHTRA

Disposal: Allowed
Bench: NITIN B SURYAWANSHI

Holding

Bail was granted to the accused, Dilip Gunda Sathe, on the condition of a personal bond and surety.

Summary

The applicant, Dilip Gunda Sathe, was charged with assault and homicide under multiple sections of the Bhartiya Nyaya Sanhita, 2023, following a complaint that he and co‑accused attacked the complainant and others with sticks, stones and other weapons, resulting in the death of Sachin Kamble. The prosecution alleged that Sathe assaulted the deceased and other victims, but no witnesses had yet been examined and the trial was unlikely to commence soon. The court examined the charge‑sheet and noted that further pre‑trial detention was not justified given the pending trial and lack of evidentiary progress. Consequently, the court granted bail on the condition of a personal bond of Rs.15,000 with a surety of equal amount, and imposed conditions to prevent tampering with evidence and to ensure attendance at trial. The bail order was issued by Justice Nitin B. Suryawanshi of the Bombay High Court, Kolhapur Circuit Bench.

Issues considered

What is the appropriateness of granting bail to the accused in a serious assault‑homicide case under the Bhartiya Nyaya Sanhita, 2023, given the pending trial and lack of witness examination?

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 103(2), 119(1), 126(2), 189(2), 189(4), 190, 191(1), 191(2), 191(3), 61(2)

Subjects

bail
pre‑trial detention
assault
homicide
criminal procedure
Bhartiya Nyaya Sanhita
personal bond
court conditions

Judgment

1
65-BA-3502-2025 (CR).DOC

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

CRIMINAL BAIL APPLICATION NO. 3502 OF 2025

Dilip Gunda Sathe ...Applicant
Versus
State Of Maharashtra ...Respondent

Mr. Ramnik P. Pawar, Mr. Amit Waykool, Mr. S. V. Mahamulkar, Mr.
Parvez Nadaf, Mr. Dinesh S. Sonarlikar for Applicant.
Mr. Anand S. Shalgaonkar APP for the State

CORAM : NITIN B. SURYAWANSHI, J.
DATE : 8th JANUARY 2026.
P.C.

1. By this application, the applicant seeks bail in Crime No.

IRESH
461 of 2024 registered with Hatkanangale Police Station, District
MASHAL

Digitally signed
by IRESH
Kolhapur for the offence punishable under Sections 103(2), 119(1),
MASHAL
Date:
2026.01.08
19:46:39
+0530
126(2), 189(2), 189(4), 190, 191(1), 191(2), 191(3), 61(2) of

Bhartiya Nyaya Sanhita, 2023.

2. Prosecution case in short is, the complainant-Sandeep

Kamble filed a complaint at the Hatkanangale Police Station alleging

that on 16th August 2024, at around 2:30 PM, the complainant and

others went to Kumar Vidyamandir, Rui, to meet the applicant to

resolve a past dispute. At around 9:15 p.m., the applicant and other

Iresh
2
65-BA-3502-2025 (CR).DOC

co-accused assaulted them with sticks, bamboos, stones, iron rods,

swords, and other sharp weapons.

3. Similarly, the applicant and three others incited the assault

on the deceased and the injured witnesses, due to which Sachin

Kamble was seriously injured. While undergoing the treatment, he

succumbed to injuries.

4. Heard learned advocate for the applicant, learned APP

instructed by the Investigating Officer who is present in Court.

Perused the record.

5. The role attributed to the applicant in the F.I.R. is that the

applicant alongwith co-accused assaulted the informant with stick on

head and shoulder. In the statement of eye witnesses, it is alleged that

the applicant also assaulted the deceased with stick. Perusal of post-

mortem report shows that cause of death of the deceased is head

injury which is attributed to Noha Mane-accused no. 6. Other injuries

on the person of deceased are contusions and abrasions. Charge-sheet

is filed and the case is numbered as Sessions Case No. 7 of 2025.

Charge is framed, however, not a single witness has been examined.

The trial is not likely to commence and conclude in the near future. In

view of the filing of the charge-sheet, further pre-trial custodial

detention of the applicant is not warranted.

Iresh
3
65-BA-3502-2025 (CR).DOC

6. In the result, the application is allowed. The applicant Dilip

Gunda Sathe be released on bail in connection with Crime No. 461 of

2024 registered with Hatkanangale Police Station, District Kolhapur

for the offence punishable under Sections 103(2), 119(1), 126(2),

189(2), 189(4), 190, 191(1), 191(2), 191(3), 61(2) of Bhartiya

Nyaya Sanhita, 2023, on furnishing P.R. Bond in the sum of Rs.

15,000/- with one surety in the like amount.

7. The applicant shall not tamper with the prosecution

evidence. The applicant shall not enter into jurisdiction of

Hatkanangale Police Station. The applicant shall scrupulously attend

the trial.

(NITIN B. SURYAWANSHI, J.)

Iresh

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