Bombay High Court

TUSHAR ALIAS ANIKET SHAMRAO KAMBLEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The court granted regular bail to the applicant with specified conditions.

Summary

The applicant, Tushar Kamble, was charged in a murder case (Crime No. 255 of 2024) for allegedly taking a contract to kill Girish Pillai and involving juveniles. The prosecution alleged his involvement and presented witness statements, while the defence highlighted inconsistencies between police statements (Section 180) and magistrate statements (Section 183) of the Bharatiya Nyaya Sanhita. Two co‑accused had already been released on bail, and the trial had not yet commenced. The court noted the applicant had been in custody since September 2024 and, given the inconsistencies and the pending trial, found no reason to deny bail. Accordingly, the court granted regular bail with a cash bond and several conditions, including regular appearances before the investigating officer and the trial court, and a prohibition on tampering with evidence.

Issues considered

Whether the applicant should be granted regular bail despite allegations of contract killing and involvement of juveniles
Whether inconsistencies in witness statements affect the merit of the prosecution's case
Whether the pending trial and bail of co‑accused justify granting bail to the applicant

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 180, 183, 3(5), 61(2)

Subjects

regular bail
murder
contract killing
children in conflict with law
witness statement inconsistency
Bharatiya Nyaya Sanhita
bail conditions
trial pending

Judgment

913 - BA - 529 - 2026.doc

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

CRIMINAL BAIL APPLICATION NO. 529 OF 2026

Tushar Alias Aniket Shamrao Kamble … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents

-----
Mr. Mohan Chavan for the Applicant.
Ms. S. N. Deshmukh, APP for the State.
Ms. Sujata Chavhan, API, Hupari Police Station, is present.

-----

CORAM : ASHWIN D. BHOBE, J.

DATED : SEPTEMBER 11, 2026
P.C.:

1. Heard Mr. Mohan Chavan, learned Advocate for the Applicant

and Ms. S. N. Deshmukh, learned APP for the State.

2. By this Application, the Applicant is seeking Regular bail in Crime

No. 255 of 2024 registered at Hupari Police Station, District Kolhapur,

for offences punishable under Sections 103(1), 61(2) and 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

3. Mr. Mohan Chavan, learned Advocate for the Applicant, states

that there are six (6) accused in Crime No. 255 of 2024, of whom two

are CCL (Children in Conflict with Law). He further states that Crime

No. 255 of 2024 is registered as Sessions Case No. 85 of 2024 and is

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913 - BA - 529 - 2026.doc

pending before the Additional Sessions Judge, Ichalkaranji (Trial

Court).

4. The prosecution case is that on 29.08.2024 at about 11:30 p.m.,

unknown persons committed the murder of Girish Pillai (“deceased”),

the owner of the garage. The deceased was assaulted with sharp

weapons.

5. Mr. Mohan Chavan, learned Advocate for the Applicant, submits

that Accused No. 6 (Aaryan Gunake), against whom the allegations

were of supervising the assault on the deceased, was released on bail by

this Court on 17th December 2025 in Criminal Bail Application No.

3424 of 2025 (page Nos. 389 to page 391). He further submits that

Accused No. 3 (Ajay Shinge), against whom the allegations were like

those against Accused No. 6, was also released on bail by this Court by

order dated 20th April 2026 passed in Criminal Bail Application No. 71

of 2026 (page Nos. 385 to 388). He submits that the material on

record, particularly the statements made by the witnesses before the

Police under Section 180 of BNSS, 2023, are inconsistent with the

statements recorded of the said witnesses before the Magistrate under

Section 183 of BNSS. He submits that the Applicant is alleged to have

taken the contract from Accused No. 3 and given it to Accused Nos. 1,

2, 4 and 6 to execute. He further submits that there is no material to

indicate this.

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913 - BA - 529 - 2026.doc

6. Ms. S. N. Deshmukh, learned APP for the State, by referring to

the statements of the witnesses under Section 180 of BNSS, 2023,

submits that the Applicant has engaged juveniles and taken the contract

from Accused No. 3 to eliminate the deceased. She submits that ample

evidence on record shows the Applicant's involvement in the present

crime. She further submits that part of the amount Accused No. 3 paid

to the Applicant has been recovered.

7. Perused the record.

8. Accused No. 6 (Aaryan Gunake) and Accused No. 3 (Ajay Shinge)

in Crime No. 255 of 2024, against whom the allegations were of

supervising and assaulting the deceased, as more particularly recorded

in the orders passed by this Court on 20th April 2026 in Criminal Bail

Application No. 71 of 2026 and 17 th December 2025 in Criminal Bail

Application No. 3424 of 2025, have been released on bail.

9. The Applicant is alleged to have taken the contract to kill the

deceased. Prima facie, Mr. Mohan Chavan, learned Advocate for the

Applicant, would be right in his submission that there are

inconsistencies in the statements of the witnesses referred to by Ms. S.

N. Deshmukh, learned APP, namely those recorded before the police and

those recorded before the Magistrate.

10. The Accused No. 6 (Aaryan Gunake) and Accused No. 3 (Ajay

Shinge), who were present and supervising the assault by the two

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913 - BA - 529 - 2026.doc

accused (CCL), have been released on bail. The Applicant has been in

jail since 5th September 2024. Although the charge in Sessions Case No.

85 of 2024 has been framed, the trial has not commenced, and it would

take some time to conclude.

11. At this stage, Ms. S. N. Deshmukh, learned APP for the State,

submits that in the event the Applicant is found involved in any other

offence during the pendency of this bail, the prosecution be granted

liberty to apply for cancellation of the bail.

12. In view of the above this Application is allowed on the following

terms:

(a) The Applicant in Crime No. 255 of 2024 registered at Hupari

Police Station, District Kolhapur, for offences punishable under Sections

103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, shall be

released on bail upon furnishing a P.R. bond of Rs. 50,000/- (Rupees

Fifty Thousand only) with one or two sureties in the like amount, to the

satisfaction of the Trial Court in Sessions Case No. 85 of 2024.

(b) The 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 person from disclosing the facts to the Court

or any police officer. The Applicant shall not tamper with evidence in

any manner.

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Hupari Police Station, District Kolhapur, on the Second and Fourth

Monday of each month from 10:00 a.m. to 11:00 a.m. till further orders

from the Trial Court.

(d) The Applicant shall not enter into the territorial jurisdiction of

Hupari Police Station, District Kolhapur, till the conclusion of trial in

Sessions Case No. 85 of 2024.

(e) The Applicant shall regularly appear before the Trial Court in

Sessions Case No. 85 of 2024, unless the Trial Court specifically

exempts the Applicant. If the Applicant fails to appear before the Trial

Court on the date fixed, the same would be considered a breach of

condition and the Trial Court, would be at liberty to pass appropriate

orders.

(f) In the event the Applicant is found involved in any crime during

the pendency of this bail, the prosecution is at liberty to apply to the

Trial Court in Sessions Case No. 85 of 2024, seeking cancellation of the

bail.

13. Bail Application No. 529 of 2026 is allowed and disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
2026.09.11
16:02:42
+0530

VRJ 5

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