Mumbai, February 5, 2022 – Krushna Bhagat Kunchikorve, accused of assaulting a policeman, has been granted bail by the Sessions Court for Greater Bombay. The order, issued by Additional Sessions Judge M.G. Deshpande in Court Room No. 16, pertains to Bail Application No. 188 of 2022.
Kunchikorve was arrested in connection with Crime No. 12/2022, registered at Kherwadi Police Station, for offenses under Sections 353 (assault or criminal force to deter public servant from discharge of his duty) and 332 (voluntarily causing hurt to deter public servant from his duty) of the Indian Penal Code.1
The incident occurred on January 12, 2022, when police constable Thorat brought four individuals on a motorcycle to the police station. One of them, Kunchikorve, was seen spitting in front of the police chowky. When told not to spit, he allegedly responded defiantly. An altercation ensued, during which Kunchikorve allegedly grabbed the collar of the complainant, police staff Arun Sakharam Karbhal, and struck him on the face with a helmet. He also allegedly tore Karbhal’s uniform.
In his bail application, Kunchikorve, represented by Advocate Selesh Pawar, argued that the investigation was nearly complete, nothing further was to be seized, and he had been in custody for a significant period. He also emphasized that he was the breadwinner of his family.
The prosecution, represented by Additional Public Prosecutor Kavita Bagal, opposed the bail, arguing that Kunchikorve was likely to repeat the crime and might not attend court during the filing of the chargesheet.
Judge Deshpande, after hearing arguments from both sides, noted that Kunchikorve had been in police custody from January 13 to 15, 2022, and that the helmet used in the assault had been seized. He also noted that Kunchikorve had no prior criminal record.
“It appears that, incident occurred in a spur of moment. Applicant is breadwinner of his family. Eversince he has been detained, he understood the consequences of his act,” Judge Deshpande stated in his order.
Considering that the preliminary part of the investigation was over, Kunchikorve had been in custody for a considerable time, and he had no prior criminal record, the court granted him bail under the following conditions:
- He must furnish a Personal Recognizance (PR) bond of ₹15,000 with a surety of the same amount.
- He must not abscond and must attend all court hearings.
- He must not pressure or threaten the complainant or prosecution witnesses.
- He must not leave Mumbai without prior permission from the trial court.
- Provisional cash security of ₹15,000 is allowed for four weeks.
- Bail is to be executed before the Learned Court of First Instance.
This decision reflects the court’s consideration of the specific circumstances of the case, including the progress of the investigation, Kunchikorve’s personal circumstances, and the need to balance individual liberty with the prevention of potential offenses. The court’s imposition of conditions underscores its commitment to ensuring Kunchikorve’s cooperation with the legal process.