Bombay High Court
NAMDEV GANU KAMBLEversusSTATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court granted regular bail to the accused.
Summary
Namdev Ganu Kamble, a 76‑year‑old suffering from kidney and heart ailments, applied for regular bail in a case registered under Sections 118(2) and 109 of the Bhartiya Nyaya Sanhita, 2023. The FIR originally alleged grievous hurt, but after the death of his wife the more serious charge under Section 109 was added based on supplementary witness statements. The informant (the wife) did not object to bail, though the trial court treated this as an attempt to influence the witness. The court noted the late addition of Section 109, the applicant’s advanced age and health, and the fact that primary witnesses were family members, making a speedy trial unlikely. Balancing these factors, the court exercised its discretion and granted bail with a cash bond and several conditions, emphasizing that the applicant must not tamper with evidence or pressure witnesses.
Issues considered
- Whether bail should be granted to an elderly, infirm accused charged under Sections 118(2) and 109 of the Bhartiya Nyaya Sanhita, 2023.
- Whether the addition of a charge under Section 109 at a later stage affects the bail decision.
- Whether the informant’s lack of objection to bail influences the court’s discretion.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 118(2)
Subjects
- bail
- criminal procedure
- age
- health
- Section 118
- Section 109
- Bhartiya Nyaya Sanhita
- circumstantial evidence
- witness tampering
- trial delay
Judgment
21-BA-9-2026 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 9 OF 2026
Namdev Ganu Kamble
VERSUS
State of Maharashtra
...
Mr. Tejas Hilage, a/w Mr. Tushar Shinde and Mr. Aditya Sanjay
Mr. Abhijit A. Sonawale for the Informant.
Dr. A. A. Takalkar, APP for the Respondent-State.
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 18th MARCH, 2026.
P. C. :
1. The applicant seeks regular bail in connection with C.R. No.
75 of 2025 dated 13.02.2025 registered with Karveer Police Station,
District Kolhapur for the offences punishable under Sections 118(2)
& 109 of the Bhartiya Nyaya Sanhita, 2023 .
2. Learned Counsel for the applicant submits that the applicant
was initially released on bail. However, on account of death of the
victim/wife of applicant, the provisions of Section 109 of the
Bhartiya Nyaya Sanhita, 2023 came to be added and the applicant
was apprehended. It is submitted that the applicant is arraigned as
Digitally
signed by
SAJAKALI
SAJAKALI
LIYAKAT
accused on the basis of circumstantial evidence and the complaint is
LIYAKAT JAMADAR
JAMADAR Date:
2026.03.18
18:35:31
+0530
Sajakali Jamadar 1 of 4
21-BA-9-2026 (CR).doc
an after thought. The applicant is in custody since his arrest on
14.02.2025 and has no criminal antecedents. Given the old age of
the applicant and his deteriorating condition due to kidney and
heart disease, prayed to release the applicant on bail.
3. Per contra, learned APP and learned counsel for the informant
opposed the application submitting that the applicant used to
suspect that his wife/injured administered pills to cause impotency,
due to which assaulted with an intention to kill. As such, there is
motive on the part of the applicant and prayed to reject the
application.
4. Having heard the submissions from respective sides and upon
perusal of the record including charge-sheet indicates that initially
the FIR was lodged against the applicant for causing grievous hurt
to the informant. Subsequently, the supplementary statements of the
witnesses came to be recorded leading to the addition of Section
109 of the of the Bhartiya Nyaya Sanhita, 2023.
5. It is pertinent to note that the injured/informant i.e. wife of
the applicant had given no objection for his release on bail before
the trial Court. However, the said request is not acceded by the
concerned Court treating it as an attempt of influencing the witness.
Sajakali Jamadar 2 of 4
21-BA-9-2026 (CR).doc
6. Considering the aforesaid circumstances, coupled with the fact
that the provision of Section 109 of the Bhartiya Nyaya Sanhita,
2023 is fundamentally levelled at a later stage as well as noting that
the primary witnesses in the alleged crime are the family members.
7. Having regard to the age of the applicant i.e. 76 years old and
considering that he is suffering with various ailments, such as,
kidney stone and other heart disease, I am persuaded to exercise
discretion in favour of the applicant.
8. Apart from the aforesaid aspects, having regard to the number
witnesses which the prosecution proposes to examine, it is very
unlikely that the trial can be commenced and concluded within a
reasonable period. In this view of the matter, further incarceration
of the applicant would be unjustified. Hence, the order :-
ORDER
I) The bail application is allowed.
II) Applicant - Namdev Ganu Kamble be released on bail, on
furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand)
with one or two local solvent sureties, in the like amount, in
connection with C.R. No. 75 of 2025 dated 13.02.2025 registered
with Karveer Police Station, District Kolhapur for the offences
Sajakali Jamadar 3 of 4
21-BA-9-2026 (CR).doc
punishable under Sections 118(2) & 109 of the Bhartiya Nyaya
Sanhita, 2023, on the following conditions :-
(a) The applicant shall not pressurize the prosecution
witnesses and tamper with the prosecution evidence, in
any manner.
(b) The applicant shall attend the trial on each and
every date unless exempted by the trial Court.
(c) The applicant shall submit Aadhar and Pan Cards to
the Investigating Officer and detailed address and phone
numbers and two of the near relatives.
(d) In case of breach of any of the conditions by the
applicant, it is open for the Prosecution to approach the
concerned Court seeking cancellation of bail,
notwithstanding the fact that this Court has granted bail.
(e) It is clarified that in the interest of justice and under
any eventuality, the applicant shall be at liberty to
approach the trial Court for the relaxation of any of the
aforesaid conditions.
III) Needless to state that the observations rendered herein are to
the extent of this application and the trial Court shall not be
influenced by the same.
[SACHIN S. DESHMUKH, J.]
Sajakali Jamadar 4 of 4
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