Bombay High Court
PRABHU PARSAPPA TALGADEversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The court granted regular bail to the applicant, holding that the evidence did not warrant continued detention.
Summary
The applicant, accused No.3 in a murder case (Crime No. 352 of 2025), sought regular bail under Section 483 of the BNSS, 2023. The prosecution’s case relied on circumstantial evidence, chiefly the recovery of a knife from the applicant at a location about 100 metres from the victim’s body, though the knife showed no blood stains. The trial court had denied bail, but the appellate bench examined whether the material on record sufficiently linked the applicant to the offence. Finding that the knife was recovered from a public area and that no other incriminating evidence existed against the applicant, the court held that continued detention was unwarranted. Consequently, the bail application was allowed subject to stringent conditions, including a monetary bond, restrictions on entering the police jurisdiction, and obligations to appear before the trial court.
Issues considered
- Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023 despite the recovery of a knife from his possession.
- Whether the circumstantial evidence presented is sufficient to justify denial of bail and continued detention.
- What conditions may be imposed on the grant of bail in this case.
Legislation cited
- Bail and N... (BNSS) 2023 — s. 483
- Bharatiya Nyaya Sanhita (BNS), 2023 — s. 103(1), 3(5), 61(2)
Subjects
- regular bail
- circumstantial evidence
- Section 483 BNSS
- Bharatiya Nyaya Sanhita
- bail conditions
- criminal procedure
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
CRIMINAL BAIL APPLICATION NO. 725 OF 2026
Date: 2026.09.16
18:48:36 +0530
Prabhu Parsappa Talgade … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents
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Ms. Pallavi Kante for the Applicant.
Ms. Mahalaxmi Ganapathy, APP for the State.
Mr. Amole Patil for Respondent No.3.
M. T. Kamble, Head Constable, Kavthemahankal Police
Station, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 15, 2026
P.C.:-
1. Heard Ms. Pallavi Kante, learned Advocate for the Applicant, Mr.
Amole Patil, learned Advocate for Respondent No.3, and Ms. Mahalaxmi
Ganapathy, APP for the State.
2. By this Application, the Applicant seeks regular bail under Section
483 of the BNSS, 2023 in connection with Crime No. 352 of 2025
registered at the Kavathe-Mahankal Police Station for offences
punishable under Sections 103(1), 61(2) read with Section 3(5) of the
Bharatiya Nyaya Sanhita (BNS), 2023.
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3. Ms. Pallavi Kante, learned Advocate for the Applicant, states that
there are three (3) accused in Crime No. 352 of 2025. The Applicant is
Accused No. 3. She states that Crime No. 352 of 2025 is registered as
Sessions Case No. 246 of 2025 and is pending before the Additional
Sessions Judge, Sangli (“Trial Court”).
4. The prosecution case is that the Informant (mother of Sunil-
deceased) lodged a complaint stating that a friend of the deceased had
come to meet the deceased and they had gone out. On 8 th September
2025 at about 9:30 a.m., the Informant's sister-in-law informed her that
the deceased was spotted lying injured in an agricultural field beside
Tisangi Ghatnandre Road, with injuries caused by a weapon and stones.
5. The Applicant was arrested on 13th September 2025. The Bail
Application filed by the Applicant at Exhibit-5 in Sessions Case No. 246
of 2025 was rejected by the Trial Court on 18th April 2026.
6. Ms. Pallavi Kante, learned Advocate for the Applicant, submits
that there is no material on record indicating the Applicant's
involvement in the crime. However, she submits that a knife alleged to
have been used in the offence is shown to have been recovered from the
Applicant. She submits that the knife was recovered from the Applicant
at a distance of nearly 100 meters from where the deceased's body was
found. She submits that the place from which the knife was recovered
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from the Applicant was easily accessible to the public. She therefore
requests bail.
7. Ms. Mahalaxmi Ganapathy, learned APP for the State, submits
that the Applicant's involvement in the crime is evident from the
recovery of the knife at his instance.
8. Mr. Amole Patil, learned Advocate for Respondent No. 3, submits
that the Applicant is involved in the crime, as evidenced by the recovery
of the knife from him.
9. Perused the record.
10. The prosecution case is based on circumstantial evidence. The
Applicant was arrested on 13th September 2025. The Section 27
panchanama is dated 16th September 2023. Perusal of the panchanama
indicates that the knife was recovered at the Applicant's instance from
nearly 100 meters away from the place where the deceased (Sunil) was
found. Prima facie, Ms. Pallavi Kante, learned Advocate for the
Applicant, would be justified in submitting that the place from which
the knife was recovered appears to be accessible to the public. Further,
the panchanama does not indicate any blood stains on the said knife.
Apart from the recovery of the knife, there is no material against the
Applicant.
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11. In view of the above, the Applicant's continued detention pending
trial in Sessions Case No. 246 of 2025 is not warranted.
12. At this stage, Ms. Mahalaxmi Ganapathy, learned APP for the
State, submits that, in addition to stringent conditions, one of the
conditions that may be imposed on the Applicant is that the Applicant
shall not enter the jurisdiction of the Kavathe-Mahankal Police Station
pending the conclusion of the trial in Sessions Case No. 246 of 2025.
13. Ms. Pallavi Kante, learned Advocate for the Applicant, on
instructions from the Applicant, states that until the conclusion of the
trial in Sessions Case No. 246 of 2025, the Applicant shall not enter the
jurisdiction of the Kavathe-Mahankal Police Station, Sangli. The
statement is accepted.
14. In view of the above, this Application is allowed on the following
terms and conditions:
(a) The Applicant shall be released on bail in Crime No. 352 of
2025 registered at Kavathe-Mahankal Police Station, upon
furnishing a PR bond of Rs. 50,000/- (Rupees Fifty Thousand
only) with one or two sureties in the like amount, to the
satisfaction of the Additional Sessions Judge, Sangli in Sessions
Case No. 246 of 2025.
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(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. Applicant shall not tamper with
evidence in any manner.
(c) The Applicant shall within (3) days of his release provide
the Investigating Officer at Kavathe-Mahankal Police Station, with
his residential address and proof thereof, his contact number and
must inform the Investigating Officer, of any changes to this
information from time to time.
(d) The Applicant shall regularly appear before the Additional
Sessions Judge Sangli, in Sessions Case No. 246 of 2025,
whenever the matter is fixed, unless specifically exempted. If the
Applicant fails to appear before the Trial Court on the fixed date,
it will be considered a breach of condition and the Trial Court,
will be at liberty to pass appropriate orders.
(e) Till the conclusion of trial, the applicant shall not enter the
territorial jurisdiction of Kavathe Mahankal Police Station.
(f) The Applicant shall not indulge in any criminal activity
during the pendency of the trial. If the Applicant is found involved
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in any criminal activity during the pendency of the trial in
Sessions Case No. 246 of 2025, the prosecution shall be at liberty
to apply for cancellation of bail before the trial Court.
15. The observations made in this order are for deciding the Bail
Application and will not affect the trial.
16. Criminal Bail Application No. 725 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
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