Bombay High Court

Gangadhar Yashwant PawarversusThe State of Maharashtra

Disposal: Allowed

Holding

The court granted bail to the applicant, holding that his continued detention pending trial was not warranted.

Summary

The High Court of Bombay, Kolhapur Bench, considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Gangadhar Yashwant Pawar, accused No.6 in a case involving murder, attempted murder, and sexual assault offences under the IPC. The prosecution alleged that the applicant pushed the informant and outraged her modesty, but there were no allegations of his participation in the murder or assault on the deceased. The court noted that no witnesses had been examined and the trial had not commenced despite the applicant’s incarceration for nearly three years. Applying the principles of bail under the B.N.S.S. and considering the prima facie nature of the charge of Section 354‑B IPC, the court held that continued detention was not warranted. Consequently, bail was granted on a personal bond of Rs.50,000 with several conditions, including reporting to the investigating officer and not tampering with evidence.

Issues considered

The applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail in a case involving multiple serious IPC offences.
Whether the applicant's alleged conduct (pushing and outraging modesty) justifies continued pre‑trial detention.
Whether the lack of witness examination and trial delay warrants bail despite the seriousness of the charges.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Code of Criminal Procedure, 1973 — s. 161, 164
Indian Penal Code, 1860 — s. 143, 147, 148, 149, 302, 323, 354B, 452

Subjects

bail
criminal procedure
B.N.S.S.
IPC
Section 354B
murder
sexual assault
trial delay
conditions of bail

Judgment

903-BA-618-2026 (CR).docx

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

CRIMINAL BAIL APPLN. NO. 618 OF 2026

Gangadhar Yashwant Pawar …...Applicant
Versus.
The State of Maharashtra …...Respondent

-----
Mr. Atharva R. Bhingardeve (Through V.C.) for Applicant.
Ms. Mahalakshmi Ganpathy, A.P.P. for the Respondent-State.
Officer : PSI Mr. Amit Khot, Miraj Rural Police Station, Sangli, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 29th September 2026.

PER COURT :

1. Heard, Mr. Atharva Bhingardeve, learned Advocate for the Applicant

and Ms Mahalakshmi Ganpathy, learned A.P.P. for the Respondent-State.

2. By the present Bail Application under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (B.N.S.S.), the Applicant seeks Regular Bail

in connection with Crime No. 452 of 2023, dated 22 nd October 2023,

registered at Miraj Rural Police Station, Dist. Sangli, for offences punishable

under Sections 302, 354(B), 452, 323, 143, 147, 148, and 149 of the Indian

Penal Code.

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3. Mr. Atharva Bhingardeve, learned Advocate for the Applicant, submits

that there are ten (10) accused in Crime No. 452 of 2023. The Applicant is

Accused No. 6. He states that Crime No. 452 of 2023 is registered as Sessions

Case No. 19 of 2024 and is pending before the Court of the Sessions Judge,

Sangli (“Trial Court”).

4. In brief, the prosecution case is that Charas Pawar (deceased), the

husband of the Informant (Dipali Pawar), was assaulted by the accused in

Crime No. 452 of 2023 and murdered with sharp weapons. During the

assault, the Applicant (Accused No. 6) pushed the Informant and outraged

her modesty.

5. Applicant was arrested on 22nd November 2023. The Bail Application

(Exhibit 91) filed in Sessions Case No. 19 of 2024 was rejected by the Trial

Court on 13th February 2026.

6. Mr. Atharva Bhingardeve, learned Advocate for the Applicant, submits

that the Applicant is said to have pushed the Informant and outraged her

modesty. He submits that apart from the said allegation, there are no

allegations against the Applicant of having either assaulted or committed the

murder of the deceased. He submits that Kumar Pandurang Pawar (Accused

No. 9) and Panesh Gavaja Pawar (Accused No. 10), have been released on

bail by this Court in the said crime.

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7. Mr. Atharva Bhingardeve, learned Advocate for the Applicant, states

that although charge is framed in Sessions Case No. 19 of 2024, no witnesses

have been examined to date.

8. Ms. Mahalakshmi Ganpathy, learned A.P.P. for the Respondent-State,

submits that the allegations against the Applicant in the F.I.R. are that the

Applicant pushed the informant and threw her on the floor. She, by referring

to the statement of the Informant recorded under Section 164 of the Cr.P.C.,

submits that the Informant has maintained her statement recorded under

Section 161 of the Cr.P.C. and further elaborated that the Applicant outraged

her modesty.

9. Perused the record with the assistance of the learned Advocates.

10. As per the F.I.R., the Applicant's involvement in the present crime is of

pushing the Informant to the ground. As per the statement of the Informant

recorded under Section 164 of the Cr.P.C., as relied upon by Ms. Mahalakshmi

Ganpathy, learned A.P.P., the Informant has improvised her statement that

apart from pushing her to the ground, the Applicant caught hold of her hand

and threatened her.

11. Prima facie, the allegations suggest that the Applicant's involvement in

Crime No. 452 of 2023 would attract the offence under Section 354-B of the

IPC. There are no allegations or overt acts attributed to the Applicant in

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relation to the assault on the deceased.

12. The Applicant has been in jail since 22 nd November 2023, i.e. for

almost two years and eleven months. The statement of Mr. Atharva

Bhingardeve that although charge is framed in Sessions Case No. 19 of 2024,

no witnesses have been examined to date, is not contested by Ms.

Mahalakshmi Ganpathy, learned A.P.P. for the Respondent-State.

13. Considering the role assigned to the Applicant in Crime No. 452 of

2023, the duration of his incarceration and the fact that the trial has not

commenced, the Applicant's continued detention pending trial in Sessions

Case No. 19 of 2024 is not warranted.

14. In view of the above, the Criminal Bail Application No. 618 of 2026 is

allowed on the following terms and conditions :

(a) The Applicant in Crime No. 452 of 2023, dated 22 nd October
2023, registered with Miraj Rural Police Station, Dist. Sangli,
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. 19 of 2024.

(b) The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person/s acquainted
with the facts of the case to dissuade such person/s from
disclosing the facts to the Court or any police officer.

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(d) The Applicant shall, within three (3) days of his release,
provide the Investigating Officer with his residential address
along with proof, his contact numbers and must inform the
Investigating Officer of any changes to this information from
time to time.

(e) The Applicant shall appear and report to the Investigating
Officer at Miraj Rural Police Station, Sangli, on the second
Monday of every month, commencing from 12 th October
2026 till the conclusion of the trial in Sessions Case No. 19 of
2024.

(f) The Applicant shall regularly attend the proceedings before
the Trial Court in Sessions Case No. 19 of 2024 unless
exempted by the Trial Court. If the Applicant fails to appear
before the Trial Court on the date fixed in Sessions Case No.
19 of 2024, it will be considered a breach of condition and
the Trial Court will be at liberty to pass appropriate orders.

(g) If the Applicant breaches any of the aforesaid conditions, the
prosecution may seek cancellation of bail.

15. The Criminal Bail Application No. 618 of 2026 stands disposed.

Digitally signed
by OMKAR
SHIVAHAR
OMKAR
SHIVAHAR
KUMBHAKARN [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.09.30
10:21:39
+0530

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