Vishnu Hanumanta Kamble vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Vishnu Hanumanta Kamble vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest in connection with FIR No.115 of 2026 (Sahar police station), the Applicant to be released on a P.R. bond of Rs.50,000/- with one or two sureties in the like amount, subject to conditions — attendance before the Investigating Officer on 10th April, 2026 (11.00 am to 4.00 pm) and thereafter as and when required; regular attendance before the trial Court; no tampering with prosecution evidence or threatening of witnesses; furnishing of address and contact details to the concerned Police Station and trial Court. Application stands disposed of.

Issue for consideration

Whether the Applicant, apprehending arrest in FIR No.115 of 2026 registered with Sahar police station for offences under Sections 305, 324(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023, is entitled to anticipatory (pre-arrest) bail. +1 more

Court's answer

The Applicant is not likely to abscond or tamper with the prosecution evidence and has no criminal antecedents.

Ratio / Principle

Since the brand name of the liquor bottles is not mentioned in the FIR, whether any recovered liquor bottles were stolen by the Applicant would be a question of trial; therefore custodial interrogation for recovery is unnecessary and the attendance of the Applicant before the Investigating Officer for the purpose of interrogation is sufficient.

Key takeaways

In view of the above, the Applicant is entitled to grant of anticipatory bail.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail granted (Shyam C. Chandak, J., 9 April 2026) — Applicant apprehending arrest in FIR No.115 of 2026, Sahar police station, under Sections 305, 324(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023 — alleged theft of 10 to 12 liquor bottles and damage to about 8 bottles at 'Dragon fly' club, Andheri (East), Mumbai, in furtherance of common intention with co-accused Varun Jamadar — brand name and market price of the liquor bottles not mentioned in the FIR; some bottles recovered from the co-accused, arrested the next day — Court held that since the brand name is absent from the FIR, whether recovered bottles were stolen by the Applicant would be a question of trial, so custodial interrogation is unnecessary and attendance before the Investigating Officer suffices — Applicant has no criminal antecedents and is not likely to abscond or tamper — released on P.R. bond of Rs.50,000/- with one or two sureties in the like amount, with conditions of IO attendance (from 10th April, 2026), regular trial Court attendance, non-tampering, and disclosure of address/contact details.

HEMANT CHANDERSEN SHIV

Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.04.10 19:50:12 +0300

H. C. SHIV

41.aba744.26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.744 OF 2026

Vishnu Hanumanta Kamble … Applicant vs. he State of Maharashtra … Respondent

Mr. Vishal Shukla with Anurag Mishra for the Applicant. Mr. Y. M. Nakhwa, APP for Respondent-State. Mr. Amarsinh Deshmukh, PSI, Sahar police station present.

CORAM : SHYAM C. CHANDAK, J. DATE : 9^th APRIL, 2026

P. C :

The Applicant is apprehending arrest in an FIR No.115 of 2026 registered with Sahar police station for the offence under Sections 305, 324(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023 an therefore seeking for pre-arrest bail.

Heard learned Counsel for the Applicant and learned APP for the Respondent-State.

The prosecution case is that in the intervening night of 9^th and 10^th February, 2026, at about 01.55 hours, the Applicant in furtherance of the common intention with co-accused Varun Jamadar committed theft of 10 to 12 liquor bottles and damaged about 8 liquor bottle by entering in ‘Dragon fly’ club situated at Andheri (East), Mumbai.

Mr. Shukla, learned Counsel for the Applicant states that neither brand name of the liquor bottles nor its market price is mentioned in the FIR. Some bottles have been recovered from the co-accused, who

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H. C. SHIV 41.aba744.26.doc

was arrested on the next day, of the registration of the crime. The Applicant is ready to attend before the Investigating Officer and cooperate for the purpose of investigation. The Applicant has no criminal antecedents. Therefore, anticipatory bail may be granted.

Mr. Nakhwa, the learned APP opposed the Application on the premise that custodial interrogation of the Applicant is necessary for recovery of the stolen liquor bottles.

It is a fact that the brand name of the liquor bottles is not mentioned in the FIR. Therefore, even if the Applicant is subjected to custodial interrogation for recovery of the stolen liquor bottles, it will be question of trial, as to whether the recovered liquor bottles were stolen by the Applicant or not. As such, the attendance of the Applicant before the Investigating Officer for the purpose of interrogation is sufficient.

The Applicant is not likely to abscond and tamper with the prosecution evidence. The Applicant has no criminal antecedents.

In view of the aforesaid, the Applicant is entitled for grant of anticipatory bail. Hence, following Order is passed :

ORDER

(a) In the event of the arrest of the Applicant – Vishnu Hanumanta Kamble in connection with FIR No.115 of 2026 registered with Sahar police station for offence under Sections 324(2), 305 and 3(5) the Bharatiya Nyay Sanhita, 2023, he shall be forthwith released on bail, on his furnishing P.R. bond

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H. C. SHIV 41.aba744.26.doc

in the sum of Rs.50,000/- with one or two sureties in the like amount.

(b) The Applicant shall attend before the Investigating Officer on 10^th April, 2026 between 11.00 am to 4.00 pm and thereafter as and when required by the Investigating Officer.

(c) The Applicant shall regularly attend before the trial Court.

(d) The Applicant shall not tamper with the prosecution evidence and shall not threaten the prosecution witnesses.

(e) The Applicant shall furnish his address and contact details to the concerned Police Station and the trial Court and a change therein, if any.

1. Application stands disposed of.

(SHYAM C. CHANDAK, J.)

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