KRISHNA SHEKAR SHETTY vs THE STATE OF MAHARASHTRA

Judgment text excerpt

ba3631-2024.doc AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3631 OF 2024 Krishna Shekar Shetty … Applicant V/s. The State of Maharashtra … Respondent Ms. Pushpa Ganediwala with Mr. Onkar Bajaj and Ms. Anshu Agarwal for the applicant. Mrs. Mahalakshmi Ganapathy, APP for the respondent- State. Mr. Ajinath Funde, PSI, Bandra Police Station, is present. CORAM : AMIT BORKAR, J. DATED : AUGUST 12, 2025 P.C.: ATUL 1. By this bail application, filed under Section 439 of the Code GANESH KULKARNI Digitally signed by ATUL GANESH of Criminal Procedure, 1973, the applicant is seeking regular bail KULKARNI Date: 2025.08.12 12:18:56 +0530 in connection with Crime Register No.750 of 2023 registered at Bandra Police Station, Mumbai. The offences alleged against the applicant are punishable under Sections 392 and 379 read with Section 34 of the Indian Penal Code, 1860, and also under Sections 3(1)(ii), 3(2), and 3(5) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as "MCOC Act"). 2. As per the prosecution’s case, on 15th May 2023 at about 8:45 p.m., when the complainant was walking on the road while 1 ba3631-2024.doc talking on his mobile phone, some persons came from behind, snatched the mobile phone, slapped the complainant, and ran away towards Station Road. The complainant tried to chase them but could not apprehend them. A complaint was filed, investigation commenced, and the accused persons were arrested on the same night. The stolen mobile phone was recovered, and it was allegedly shown to the accused. The complainant later identified the accused, who were shown as arrested. Initially, the present applicant was released on bail. 3. However, on 1st August 2023, the prosecution filed an applicatio