Bombay High Court
KARTIK SUNIL KOTMEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail was granted because the prosecution’s case was weak, based only on circumstantial evidence, and the applicant had been detained for an extended period without a clear prospect of a speedy trial.
Summary
The applicant, Kartik Sunil Kotme, sought enlargement of bail for a murder case (Crime No. 428 of 2023) involving alleged offences under Sections 302, 201, 120(B) read with Section 34 of the IPC. The prosecution's case relied mainly on circumstantial evidence, including an alleged affair and a single eyewitness who claimed to have seen the applicant and the deceased together on the day of the incident, with no direct forensic link. A medical report indicated ante‑mortem injuries and a time‑since‑death of 7‑10 days, contradicting the prosecution’s claim that the murder occurred on 03‑09‑2023. The court noted the lack of substantive evidence, the applicant’s three‑year incarceration, and the slim prospects of a speedy trial, and therefore found merit in granting bail. Accordingly, the court ordered the applicant’s immediate release on a personal bond of Rs. 25,000 with conditions, emphasizing compliance with reporting and non‑interference with witnesses.
Issues considered
- Whether bail should be granted in a murder case where the prosecution’s evidence is primarily circumstantial and lacks a direct nexus to the accused
- Whether the length of pre‑trial detention and prospects of a delayed trial justify bail
Legislation cited
- Indian Penal Code, 1860 — s. 120(B), 201, 302, 34
Subjects
- bail
- murder
- circumstantial evidence
- pre‑trial detention
- IPC
- medical report
- trial delay
Judgment
36. BA-3642-25.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3642 OF 2025
Kartik Sunil Kotme .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Akshay H. Bankapur, Advocate for Applicant
Mr. Sukanta A. Karmakar, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 17, 2026
P. C.:
1. Heard Mr. Bankapur, learned Advocate for Applicant and Mr.
Karmakar, learned APP for State.
2. By this Bail Application, Applicant - accused is seeking
enlargement on bail in Crime No. 428 of 2023 registered with Nashik
Road Police Station, Nashik for the offences punishable under Sections
302, 201, 120(B) r/w Section 34 of the Indian Penal Code (for short,
"IPC"). Date of the incident is 03.09.2023.
3. The case of the prosecution is based upon circumstantial
evidence to the extent that the Applicant was having an affair with the
wife of the deceased, and therefore the Applicant has been
apprehended. According to the prosecution, the victim was assaulted
on 03.09.2023 whereas his body was found only on 11.09.2023. The
prosecution is relying upon an eyewitness statement of having seen
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the Applicant and the deceased together as a last-seen theory on
03.09.2023 at 2:30 pm, when the said witness had seen the Applicant
and the deceased driving together on a motorcycle. Save and except
this, there is no other evidence that the prosecution has been able to
show the nexus of the applicant with the alleged crime.
4. What is intriguing is the fact that the medical report, copy of
which is appended at page number 53, categorically records that the
injuries found on the victim are ante-mortem in nature and fresh in
duration within 24 hours of the date of preparation of the report. It
also states that the time since death may be from 7 to 10 days.
However, if the case of the prosecution is to be believed, even the
substantive medical report, which gives details of the Applicant's body
and his body parts, only states that there were moderate signs of
decomposition at it being blackish and brownish in discoloration and it
would not therefore suggest that the victim was murdered on
03.09.2023. The case of the prosecution is purely based only on the
above ground. The weapon being a pointed weapon and recovery by
the prosecution being that of a kitchen knife persuades me to consider
the case for grant of bail to the applicant. Applicant has been
incarcerated for more than three years and ignominy and probability
of trial commencing and concluding being bleak, even on the ground
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of long incarceration, the Applicant's case deserves consideration in
the aforesaid facts.
5. In view of the above, arguable case is made out by Mr. Bankapur
for grant of bail to the Applicant. Hence, the following order is
passed:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 428 of 2023;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
Thousand only) with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Nashik Road Police Statio, Nashik once every month on
the first Sunday of the month between 10:00 a.m. to
12:00 p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence with any of the witnesses
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or tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
6. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
7. Bail Application is allowed and disposed of in the above
terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.08.18
14:56:49 +0530
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