Nagesh Ganpatrao Perke And Another v. The State Of Maharashtra And Another

2025:BHC-AUG:35369 1 63.ABA-1827-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1827 OF 2025

1. NAGESH GANPATRAO PERKE

2. PRANAVI NARAYAN SURYAWAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Sabnis Ameya N. and Mr. Pranav Dhakne APP for Respondents/State : Mr. R.K. Ingole ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 15th DECEMBER 2025 PER COURT :

1.

Heard for sometime and perused the investigation papers made available by the learned APP.

2.

This Court vide its order dated 16.10.2025 had protected the Applicants Nagesh and Pranavi on condition that they attend the police station from 17.10.2025 to 19.10.2025 and thereafter as and when called by the police.

.

It is informed by the learned Counsel for the Applicants that the Applicants have attended the police station and have complied with all directions issued by this Court vide interim order dated 16.10.2025. The voice sample of the Applicants has also been obtained by the Investigating Officer, and the recovery, if any, remains to be effected at the instance of the Applicants. The

2 63.ABA-1827-2025.doc investigation, insofar as it concerns the Applicants, is almost complete.

3.

The learned APP vehemently opposes the present application for grant of anticipatory bail, however, he does not dispute the fact that the Applicants had attended the police station and cooperated with the investigation by providing their voice samples to the Investigating Officer. The learned APP relies upon the transcript of the sample phone call between the Applicants and the deceased, recorded one day prior to the commission of suicide by the deceased. The said transcript specifically reflects the threats allegedly given by the Applicant No.1/Nagesh to the deceased Deepak, on account of the deceased having a relationship with Applicant No.2/Pranavi.

4.

I have gone through the investigation papers, particularly the transcript of the mobile phone conversation between the Applicants and the deceased, as well as the other related documents collected by the prosecution. This Court vide order dated 16.10.2025 granting interim relief, has observed as under : "Whether the phone calls by the Applicants to the Deceased amount to instigation or abetment would be the matter of trial. Considering the role attributed to the Applicants, prima facie, case for interim protection is made out." .

Without commenting upon the said mobile phone conversation transcript, it would be appropriate to leave it to the trial Court to decide whether the same would amount to abetment of the

3 63.ABA-1827-2025.doc commission of suicide, as any observations made herein may influence either of the parties. Since the Applicants have already complied with the interim order dated 16.10.2025, their voice samples have been obtained, there are no other criminal antecedents against them, and they are ready to abide by any conditions that may be imposed by this Court, I am inclined to protect the Applicants. Hence, the following order :

ORDER

(i) The interim order dated 16.10.2025 is hereby confirmed. (ii) The Applicants shall attend the concerned police station once in a month preferably on first day of every month till framing of the charge.

(iii) The Applicants shall not threaten the complainant. (iv) A single violation of the conditions imposed by this Court, would entitle the prosecution to seek cancellation of the bail. (v) The application is allowed in the above terms and stands disposed of.

MEHROZ K. PATHAN JUDGE NAJEEB..