Bombay High Court

HARISH RAMESH KHARATversusSTATE OF MAHARASHTRA AND ANOTHER

Disposal: Allowed

Holding

Bail is granted to the applicant on the ground of parity with co‑accused.

Summary

The applicant, Harish Ramesh Kharat, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for charges of assault under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he, together with his mother and sister, assaulted his father, the deceased, after a dispute involving alcohol. The applicant argued that his co‑accused (his mother and sister) had already been released on bail, and therefore he should be granted bail on the ground of parity. The court examined the earlier bail orders and found no material distinguishing the applicant from the co‑accused. Consequently, the High Court allowed the bail application, directing the applicant to furnish a bond of Rs. 50,000 with sureties and comply with several reporting and non‑interference conditions.

Issues considered

The applicability of Section 483 BNSS, 2023 for granting regular bail to the applicant.
Whether the principle of parity with co‑accused who have been granted bail warrants bail for the applicant.
Whether any distinguishing circumstances exist that would justify denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)

Subjects

bail
parity principle
criminal procedure
Section 483 BNSS
Sections 103(1) BNS
Section 3(5) BNS
assault
regular bail

Judgment

Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN (907) BA-510.26.DOCX
GOPAL Date:
CHANDAN 2026.08.20
14:44:32
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.510 OF 2026

Harish Ramesh Kharat : Applicant.
Versus.
The State of Maharashtra & Anr. : Respondents.
-----

Mr. Ramnik P Pawar i/by S. V. Mahamulkar for the Applicant.
Ms. Mahalakshmi Ganpathy, APP for the Respondents – State.
PC Rajkumar Bhimashankar Koli, Umbraj Police Station, Satara,
present.
-------

CORAM : ASHWIN D. BHOBE, J.

DATED : 19 AUGUST 2026
PC:-

1. Heard, Mr. Ramnik Pawar, learned Advocate for the
Applicant and Ms. Mahalakshmi Ganpathy, learned APP for the
Respondents – State.

2. By this Application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS, 2023”), the Applicant
seeks Regular Bail in connection with Crime No. 318 of 2025,
dated 27 July 2025, registered with Umbraj Police Station, Dist.
Satara, under Sections 103(1) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 (“BNS, 2023”).

3. Mr. Ramnik Pawar, learned Advocate for the Applicant,
states that there are three (3) Accused in Crime No.318 of 2025.
The Applicant is Accused No.1, his mother (Laxmi Kharat), is

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(907) BA-510.26.DOCX

Accused No.2 and his sister (Ashwini Shinde), is Accused No.3 in
Crime No.318 of 2025.

4. Mr. Ramnik Pawar, learned Advocate for the Applicant,
states that Crime No. 318 of 2025 is registered as Sessions Case
No. 100 of 2025 and is pending before the Additional Sessions
Judge, Karad (“Trial Court”).

5. The case of the prosecution is that the Applicant along with
his mother and sister assaulted Ramesh Kharat (“deceased”)
{father of the Applicant and Accused No.3 and husband of Accused
No.2} on account of the continuous harassment meted out to them
by the deceased after he had been under the influence of alcohol.

6. Accused was arrested on 27 July 2025. The Bail Application
(Exhibit 11) was rejected by the Trial Court on 19 May 2026.

7. Mr. Ramnik Pawar, learned Advocate for the Applicant, by
referring to the FIR dated 27 July 2025, submits that the
allegations against the Applicant are identical to those made
against the Accused Nos. 2 and 3. By referring to Exhibits -D and -
C to this Application, he submits that the Accused Nos. 2 and 3
have been released on bail by this Court on 28 April 2026 and 01
April 2026, respectively. He therefore submits that the Applicant
seeks bail on the ground of parity.

8. Ms. Mahalakshmi Ganpathy, learned APP for the
Respondents – State, submits that the allegations against the
Applicant, as per the prosecution case, are similar to those against
Accused Nos. 2 and 3.

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9. Perused the records and orders dated 28 April 2026 and 01
April 2026, passed in Criminal Bail Application Nos. 298 and 232
of 2026, respectively.

10. The records placed in the file of this Application reveal that
the Applicant's involvement is like that of Accused Nos. 2 and 3 in
Crime No. 318 of 2025. On these facts, Accused Nos. 2 and 3 have
been released on bail. There is no material placed on record to
demonstrate any distinguishing circumstances that would
warrant a different view in the case of the Applicant

11. In view of the above circumstances, Mr. Ramnik Pawar,
learned Advocate for the Applicant, would be justified in
requesting bail to the Applicant on the ground of parity.

12. The Applicant has been in jail since 27 July 2025, i.e. for
almost 1 year and 8 days.

13. In view of the above, this Application is allowed on the
following conditions:-

(a) Applicant is directed to be released on bail in
connection with C.R. No. 318 of 2025 registered with
Umbraj Police Station, District Satara, upon Applicant
furnishing a P.R. Bond in the sum of Rs. 50,000/-
(Rupees Fifty Thousand only) with one or two sureties,
each in the like amount, to the satisfaction of the Trial
Court in Sessions Case No. 100 of 2025.

(b) Applicant shall not, directly or indirectly, make
any inducement, threat or promise to any person
acquainted with the facts of the case to dissuade that

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person from disclosing the facts to the Court or any
police officer and shall not tamper with evidence.

(c) Applicant shall, within three (3) days of his
release from jail, provide to the Investigating Officer,
Umbraj Police Station, District Satara, his residential
address with proof, the contact numbers and must
inform the Investigating Officer about the change in the
same from time to time.

(d) Applicant shall report to the Investigating
Officer, Umbraj Police Station, District Satara, on 2nd
Monday of each month from 11:00 am to 12:00 p.m. till
the framing of charge in Sessions Case No.100 of 2025
pending before the Trial Court.

(e) Applicant shall regularly appear before the Trial
Court in Sessions Case No.100 of 2025, as and when the
matter is fixed, unless specifically exempted.

(f) If the Applicant absents himself from appearing
before the Trial Court in Sessions Case No. 100 of 2025
on the date fixed, the same would be considered as a
breach of condition and the Trial Court would be at
liberty to pass appropriate orders.

14. Criminal Bail Application No.510 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

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