Ramesh Govind Khadkar and Anr. vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Ramesh Govind Khadkar and Anr. vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail allowed: in the event of arrest in connection with FIR No.0327 of 2024 (Police Station Kharghar, District Navi Mumbai), the applicants are to be released on bail on furnishing PR Bonds of Rs.50,000/- each with one or two sureties each in the like amount, subject to conditions: presence before the Investigating Officer on 20 March 2025 between 11:00 a.m. and 1:00 p.m. and thereafter as and when required; no entry into the jurisdiction of Police Station Khargar, Navi Mumbai, except for IO appearances, till filing of the charge-sheet or two months; no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure, and no tampering with evidence; furnishing of residential addresses, contact numbers and e-mail addresses to the Investigating Officer.

Issue for consideration

Whether the applicants (Ramesh Govind Khadkar and Vignesh Ramesh Khadkar) are entitled to anticipatory bail in connection with FIR No.0327 of 2024, Police Station Kharghar, District Navi Mumbai, for offences under the Bharatiya Nyaya Sanhita, 2023. +1 more

Court's answer

A case was made out to confirm the ad-interim relief granted earlier and to allow the anticipatory bail application.

Ratio / Principle

Of the offences alleged in FIR No.0327 of 2024, only the offence under Section 118 of the BNS is non-bailable; it pertains to voluntarily causing hurt or grievous hurt by dangerous weapons or means.

Key takeaways

As per the CCTV footage and the panchanama prepared during investigation, at worst applicant No.1 slapped the informant's mother and pushed her on the street, due to which she fell and her face was banged on the street; prima facie no weapons were used in the assault.ratio¶25
In the absence of any injury certificate of the informant, the injury certificate of the informant's mother prima facie does not indicate use of any weapons, much less a dangerous weapon; the offence may be under Section 117 of the BNS, whose description may render it bailable.ratio¶26

Detailed headnote1 paragraphs

Anticipatory Bail — Bharatiya Nyaya Sanhita, 2023 — FIR No.0327 of 2024, P.S. Kharghar, Navi Mumbai, under Sections 352, 191(3), 191(2), 190, 189(4), 189(2), 189(1), 118 and 115(2) BNS; only S.118 BNS non-bailable — CCTV footage and panchanama showed that at worst applicant No.1 slapped and pushed the informant's mother; prima facie no weapons used — no injury certificate of the informant; mother's injury certificate did not indicate use of any weapon, much less a dangerous weapon — offence may fall under bailable S.117 BNS — ad-interim protection granted on 18.11.2024 confirmed — anticipatory bail application allowed on PR bond of ₹50,000/- each with conditions (appearance before IO on 20.03.2025, bar on entering Kharghar jurisdiction till filing of charge-sheet or two months, no tampering/influencing, address details to IO). (Rajesh S. Patil, J.; decided 12 March 2025.)

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KANCHAN Digitally signedby KANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2025.03.1320:40:12 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 3057 OF 2024

Ramesh Govind Khadkar & Anr.

….. Applicants

VERSUS

State of Maharashtra ….. Respondent

Mr. Kuldeep S. Patil a/w. Mr. Dhavalsinh Patil, i/b. Ms.Saili Dhuru for the Applicants.

Mr. Avinash A. Naik, A.P.P. for the State.

CORAM : RAJESH S. PATIL, J.

DATE : 12^th MARCH,2025

P.C. :-

In the present anticipatory bail application, on 18^th November,

2024, the protective order was passed by this Court. For ease of reference, the said order dated 18^th November, 2024 is reproduced hereinbelow :-

Heard learned counsel for the applicants and the learned APP for the respondent – State.

In the present case, the applicants are apprehending arrest in connection with First Information Report No.0327 of 2024 dated 12^th October, 2024, registered at Police Station Kharghar, District Navi Mumbai, for offences under Sections 352, 191(3), 191(2), 190, 189(4), 189(2), 189(1), 118 and 115(2) of the Bharatiya Nyaya Sanhita, 2023

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(BNS).

In the said offences, only the offence under Section 118 of the BNS is a non-bailable offence. It pertains to voluntarily causing hurt or grievous hurt by dangerous weapons or means. In the present case, although in the statement of the informant, there is reference to use of weapon like wooden stick and sharp weapon, the CCTV footage and the panchanama thereof, prepared during the course of investigation shows that, at worst, the applicant No.1 slapped the mother of the informant and pushed her on the street due to which she fell and her face was banged on the street. Prima facie, there does not appear to be use of any weapons during the course of assault.

Although the learned APP submits that the CCTV footage and the panchanama in that context may not have covered the entire incident, in the absence of any injury certificate of the informant, who claimed to have been beaten up by 1314 persons, only the injury certificate of the mother of the informant prima facie does not indicate use of any weapons, much less dangerous weapon. This would indicate that the offence may be under Section 117 of the BNS and its description may render it bailable. While keeping the present application pending, it would be appropriate to grant interim relief to the applicants.

Accordingly, there shall be interim order in the following terms :

(A) Till the next date, in the event the applicants (1) Ramesh Govind Khadkar and (2) Vignesh Ramesh Khadkar, are arrested in connection with FIR No.0327 of 2024 dated 12^th October, 2024, registered at Police Station Kharghar, District Navi Mumbai, they shall be released on bail on furnishing PR Bonds of 50,000/-₹ each with one or two sureties each in the like amount.

(B) The applicants shall remain present before the Investigating Officer on 21^st November, 2024 and 22^nd

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November, 2024, between 10:00 a.m. and 12 noon and thereafter as and when required by the Investigating Officer.

(C) During pendency of this application, the applicants shall not enter jurisdiction of Police Station Khargar, Navi Mumbai, except for appearing before the Investigating Officer in terms of the direction given hereinabove.

(D) The applicants shall co-operate with the investigation.

(E) The applicants shall not influence the informant, witness or any person concerned with the case and they shall not tamper with the evidence.

Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

List for further consideration on 10th December, 2024, “High on Board.”

Mr. Patil, learned counsel appearing for the applicants submits

that as per the directions issued by this Court, the applicants attended the office of the Investigating Officer on 21^st November 2025 and 22^nd November 2025.

The learned A.P.P. submits that the charge-sheet is ready to be filed and the same would be filed within a period of two months from today.

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After hearing the learned counsel appearing for the applicants and the learned A.P.P., I am convinced that a case is made out to confirm the ad-interim relief granted earlier. Hence, the earlier adinterim relief granted earlier is confirmed.

In view of the same, a case is made out to allow this anticipatory bail application. Hence, the following order :-

ORDER

(a) The anticipatory bail application is allowed.

(b) In the event the applicants (1) Ramesh Govind Khadkar and (2) Vignesh Ramesh Khadkar, are arrested in connection with FIR No.0327 of 2024 dated 12^th October, 2024, registered at Police Station Kharghar, District Navi Mumbai, they shall be released on bail on furnishing PR Bonds of ₹ 50,000/- each with one or two sureties each in the like amount.

(c) The applicants shall remain present before the Investigating Officer on 20^th March, 2025 between

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11:00 a.m. and 1:00 p.m. and thereafter as and when required by the Investigating Officer.

(d) The applicants shall not enter jurisdiction of Police Station Khargar, Navi Mumbai, except for appearing before the Investigating Officer in terms of the direction given above, till the filing of the chargesheet or two months.

(e) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(f) The applicants shall furnish details of his residential addresses, contact numbers and e-mail addresses to the Investigating Officer.

6. The anticipatory bail application is disposed of .

[RAJESH S. PATIL, J.]