2026 INSC 181 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF 2026 (Arising out of SLP(Crl.) No(s). 12440 of 2023)

SHOBHA NAMDEV SONAVANE ….APPELLANT(S)

VERSUS SAMADHAN BAJIRAO SONVANE AND OTHERS ….RESPONDENT(S)

J U D G M E N T

Mehta, J.

1. Heard.

2. Leave granted.

3. The original complainant, Shobha Namdev Sonavane, Reason: 1 Hereinafter, referred to as ‘complainant/appellant’, is before us for assailing the order dated 1st March, 2023, passed by the High Court of Signature Not Verified D SO ig N ita IA lly B s H ig A n S e I d N by Date: 2026.02.23 Judicature at Bombay, Bench at Aurangabad, Hereinafter, referred to as the “High Court”. in Criminal Appeal No. 132 of 2023, whereby respondent Nos. 1 & 2 were granted bail in connection with Crime No. 322 of 2022 registered with Kopargaon Taluka Police Station, Dist. Ahmednagar, for the offences punishable under Sections 302, 354, 294, 326, 324, 323, 504, 506, 509, 143, 144, 147, 148, 149, 427 of Indian Penal Code, 1860, Hereinafter, referred to as the “I.P.C.”. and under Sections 3(1)(r), 3(1)(s), 3(2)(5), 3(2)(v-a), 3(1)(w), 3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.4

4. Briefly stated, facts relevant and essential for disposal of the appeal are noted hereinbelow.

I. BRIEF FACTS

5. The appellant lodged a complaint at P.S. Kopargaon Taluka on 19^th August, 2022 alleging inter alia that a prior civil dispute existed between the complainant’s family and the accused persons with respect to a right of way over agricultural land. The

4 Hereinafter, referred to as the “SC/ST Act”.

said dispute was pending adjudication, and an order of stay had been granted by the High Court in relation thereto. On 19^th August, 2022, at around 10:00 A.M., her husband, Shri Namdev Sonavane, left home to drop their daughter to the school on his motorcycle. At about 11:00 A.M., the complainant was informed by her brother-in-law, Sunil, that he had received a call from one Sainath Uttam Bacchav informing that six persons, including respondent Nos. 1 & 2 were assaulting her husband with iron rods and sticks near the shop of Tilekar on the Shirdi-Lasalgaon Road. Thereafter, the complainant, her brother-in- law Sunil and Sunil’s wife Usha proceeded to the spot, where they saw Shri Namdev lying on ground and being assaulted with iron rods and sticks. When the complainant and her relatives attempted to intervene, they too were assaulted. According to the complainant, respondent No. 1, armed with an iron rod and Respondent No. 2 armed with a stick, assaulted Shri Namdev. The complainant further alleged that during the course of the incident, respondent Nos. 1 & 2, along with one another accused, removed their pants and uttered threatening and abusive words to the complainant in the name of her caste.

6. On the basis of the aforesaid complaint, FIR bearing No. 322 of 2022 came to be registered at P.S. Kopargaon Taluka for offences under Sections 354, 294, 326, 324, 323, 504, 506, 509, 143, 144, 147, 148, 149, 427 of the I.P.C. and under Sections 3(1)(r), 3(1)(s), 3(2)(5), 3(2)(v-a), 3(1)(w), 3(1)(g) of the SC/ST Act.

7. Shri Namdev Sonavane passed away on 24th August, 2022 while undergoing treatment and thus, Section 302 of the Indian Penal Code, 1860 was added to the case.

II. SUBMISSIONS ADVANCED BY APPELLANT

8. Learned counsel representing the appellant contended that the High Court, while allowing the appeal preferred by the respondents-accused and granting them bail, proceeded on extraneous considerations. It was urged that there are specific and clear allegations in the FIR based on the statement of the appellant, who herself sustained injuries in the incident, to the effect that respondent No.1 Samadhan Bajirao Sonvane was armed with an iron rod and respondent No.2 Ganesh Shankar Gawand was armed with a stick and that they actively participated in the fatal assault made upon the deceased Namdev by the members of the unlawf