Bombay High Court
JEEVAN MAHADEV KAVE AND ANRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to both accused persons on the stipulated conditions.
Summary
The applicants, Jeevan Mahadev Kave and Shivraj Ambarai Gutti, were arrested in connection with a fatal incident at a petrol pump where a friendly dispute escalated into a physical altercation, resulting in the victim's death due to hemorrhage. The incident was captured on CCTV, showing the sequence of events and indicating no pre‑meditated intent, with the accused attempting to revive the victim and transport him to a hospital. The prosecution alleged that the parties were semi‑intoxicated and charged the accused under sections 105, 118(1), 115(2) and 3(5) of the Bhartiya Nyaya Sanhita. The court considered the lack of mens rea, the spontaneous nature of the confrontation, and the applicants' cooperation with the investigation. Relying on a prior bail order for a co‑accused, the judge granted bail to both applicants on a personal bond of Rs. 20,000 each with standard conditions, emphasizing that the order is prima facie and does not prejudice the trial. The bail application was therefore allowed and disposed.
Issues considered
- What is the appropriate bail disposition for the accused given the circumstances of a spontaneous altercation leading to death?
- Does the lack of pre‑meditated intent and the presence of mitigating factors justify granting bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita?
- Are the conditions imposed sufficient to safeguard the trial process and prevent witness tampering?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bhartiya Nyaya Sanhita — s. 105, 115(2), 118(1), 3(5)
Subjects
- bail
- criminal procedure
- homicide
- intoxication
- premeditation
- witness tampering
- conditions of bail
- Indian criminal law
Judgment
49. BA-3662-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3662 OF 2026
1. Jeevan Mahadev Kave
2. Shivraj Ambarai Gutti .. Applicants
Versus
The State of Maharashtra .. Respondent
....................
Mr. Rahul K. Dhaigude, Advocate for Applicants
Ms. Rajeshree V. Newton, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 30, 2026
P. C.:
1. Heard Mr. Dhaigude, Advocate for Applicant and Ms. Newton,
learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.
444/2025 registered with Warje Malwadi Police Station under Sections
105, 118(1), 115(2) and 3(5) of the Bhartiya Nyaya Sanhita.
3. Applicants before me are arraigned as accused Nos. 1 and 2 in
the present crime. Group of friends including the deceased victim
were at the petrol pump station for filling the petrol but had parked
their motorcycle in the wrong lane which led to a confrontation with
the employees of the petrol pump who were also their friends
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otherwise and known to them. Both the Applicants before me are in
fact employed at the petrol pump and were all friends with the others.
4. The entire incident in question is vividly depicted and captured
in the frames of CCTV footage of the petrol pump, copy of which is
appended to the present Application at page Nos. 84 to 87. The precise
role of each of the accused persons in the unfortunate act has been
shown and stated.
5. It is seen that the accused persons and the victim began with a
friendly banter which ultimately led to a confrontation with each other
with fists blows. Pursuant to the skirmish, when the deceased victim
became unconscious, all accused persons became extremely nervous
and attempted to revive and resuscitate him fearing for the worst.
Some of the co-accused persons immediately gathered courage and
made the victim sit on the motorcycle and immediately ferried him to
the nearest hospital for treatment.
6. Injury certificate appended to the application by the prosecution
shows death of the deceased victim due to hemorrhage and internal
bleeding. Prosecution case also stems from the fact that all friends
had partied and were in a semi-intoxicated condition.
The post-mortem report though states the injuries, the final opinion is
still not ascertained because the CA report is pending.
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7. Considering the fact that the squabble between the parties was
not premeditated and happened on the spur of the moment due to the
co-accused persons insisting on getting the petrol tank filled up by
entering through the wrong lane and with no specific intention or
mens rea of committing the crime, I am inclined to consider the case
of the Applicants on parity for releasing them on bail in view of my
order dated 28.09.2026 passed in Bail Application No. 3623 of 2026
for another co-accused person. Hence, both the Applicants are
granted bail on the following terms and conditions:-
(i) Applicants are directed to be immediately released on
bail from prison in connection with C.R. No. 444 of
2025;
(ii) Both the Applicants are directed to be released on bail
on furnishing P.R. Bond of Rs. 20,000/- each (Rs.
Twenty Thousand each) with one or two sureties in the
like amount;
(iii) Applicants shall report to the Investigating Officer at
Warje Malwadi Police Station, once every month on the
first Sunday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicants shall co-operate with the conduct of trial
and attend the Trial Court on all dates, unless
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specifically exempted and will not take any unnecessary
adjournments, if they do so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicants shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vi) Applicants shall keep the Investigating Officer informed
of their current address and mobile contact number and
/ or change of residence or mobile details, if any, from
time to time, as applicable; and
(vii) Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
8. 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.
9. 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:
2026.09.30
14:50:30 +0530
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