Malan Ankush Mali And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1750 OF 2025 Malan Ankush Mali and Ors.

.... Applicants

Versus

The State of Maharashtra and Anr.

.... Respondents ----- Adv. R. D. Phade, Advocate for the Applicants. Ms. Priyanka S. Rane, A.P.P., for the Respondent - State. Ms. Rohinee S. Yadav, Advocate for Respondent No.2. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.09.26 18:47:11 +0530 DATE : 25th SEPTEMBER, 2025.

P.C. :

SHANTANU SHANKARSA DHUDUM 1.

The Applicant is apprehending arrest in C. R. No. 120 of 2025 registered with Malshiras Police Station, Solapur, for the offences punishable under Sections 3(5), 85, 108, 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS Act"). 2.

It is prosecution's case that the Applicants are in-laws of the deceased and due to their continuous physical and mental harassment, the deceased committed suicide.

3.

It is contention of learned counsel for the Applicants that the marriage of the deceased and Accused No.1 was performed prior to 10 Shantanu S. Dhudum 1/3

years of the incident. After 10 years, the allegations of the harassment are made against the Applicants. No complaint was filed earlier in respect of the said offence. The Applicant Nos.1 and 2 are more than 70 years old. They are taking care of children of the deceased. The Accused No.1 who is husband of the deceased, he is behind bar. Considering allegations against the Applicants, their custodial interrogation is not required, and requested to allow the application. 4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicants are in-laws of the deceased. Due to their continuous physical and mental harassment, the deceased committed suicide. They were staying with the deceased. Considering the allegations against the Applicants, their custodial interrogation is required, and requested to reject the application. 5.

I have heard all learned counsel, perused F.I.R. and documents produced on record.

6.

The deceased has committed suicide after 10 years of marriage. To prove the mental and physical harassment, evidence is required. Considering these facts, custodial interrogation of the Applicant is not required, and I pass the following order:

ORDER

Shantanu S. Dhudum 2/3

i. The application is allowed.

ii. In the event of arrest, the Applicants be enlarged on bail in connection with C. R. No. 120 of 2025 registered with Malshiras Police Station, Solapur, on furnishing P.R. Bond in the sum of Rs.50,000/- with one or tow sureties in the like amount.

iii. The Applicants shall mark his attendance to the concerned police station as and when required. iv. The Applicants shall remain present before the trial Court on each date unless exempted by the trial Court. v. The Applicants shall inform his latest place of his residence and mobile number immediately after being continuation of bail and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

vi. The trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law. 7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

All the concerned to act on the authenticated copy of this order.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3