Sushma W/O Sanjay Devgade v. The State Of Maharashtra Thr P-So, Ps Sawangi (Meghe) Tah And Dist Wardha

2025:BHC-NAG:11767 1 15.aba.714.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 714/2025 Sushma w/o. Sanjay Devgade Vs. The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. W. Sambre, Advocate for the Applicant. Mr. V. A. Thakare, A.P.P. for the Non-applicant/State. Mr. Kushal Jain, Advocate assist to prosecution. CORAM : MRS.VRUSHALI V. JOSHI,J.

DATED : 11/11/2025.

.

Heard.

2.

The applicant has apprehension of arrest in Crime No.684/2025 for the offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023. 3.

The applicant is wife of deceased. The brother of deceased has lodged the complaint on the basis of WhatsApp messages received by him from the deceased. The allegations are made that the applicant used to harass him, beat him and, therefore he had committed suicide. 4.

The learned Counsel for the applicant has stated that the applicant was suffering from psychological problem. He has suicidal tendency and he was taking treatment of psychiatrist. The applicant had committed suicide and after twelve days, the crime is registered. The diary which was given by the applicant is seized by the police. The divorce proceedings which were filed by the deceased alleging the cruelty was withdrawn and they were staying together. The applicant is having two children and they are taking education. As the deceased was having psychological problem, prayed to protect the applicant by granting anticipatory bail.

2 15.aba.714.25 5.

The learned A.P.P. opposed the application stating that in addition to the WhatsApp messages, the deceased was in habit of writing diary and in his diary he has mentioned the cruelty caused by the applicant. The custodial interrogation of this applicant is necessary. Hence, prayed to reject the application.

6.

Mr. Kushal Jain, learned Counsel appearing to assist the prosecution has produced on record the WhatsApp messages forwarded by the deceased before his death informing the first informant about cruelty and prayed to reject the application.

7.

Heard the learned Counsel for the respective parties.

8.

On the basis of WhatsApp messages, the crime is registered. There are allegations about harassment. On perusal of record it appears that the applicant was taking treatment from psychiatric. Considering the allegations made against this applicant, the custodial interrogation of this applicant is not necessary. Hence, the application is allowed on the same terms and conditions contained in the order granting interim protection.

9.

The application stands disposed of accordingly. (MRS. VRUSHALI V. JOSHI, J.) RGurnule