Bapurao Shivaji Katare v. The State Of Maharashtra
1 9-ABA 2178-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2178 OF 2025 Bapurao Shivaji Katare ... Applicant Vs.
State of Maharashtra ... Respondent ----- Mr. Aabad Ponda, Senior Advocate a/w Shekhar Jagtap, Amardeep Bhattacharya, Kiran Nikam i/by J Shekhar Associates for the Applicant. Mr. V. N. Sagare, APP for the Respondent-State. PI Ajitsingh Rajput, Samta Nagar PS is present. ----- CORAM :
N.R. BORKAR, J.
DATE :
06TH MARCH 2026 P.C. :
1.
This is an Application for anticipatory bail. 2.
The Applicant is apprehending his arrest in Crime No.633 of 2025 registered with Samata Nagar Police Station for the offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023. 3.
This Court on 05th August 2025 passed the following order: "P.C.:
.
The learned Senior Counsel appearing on behalf of the applicant submits that the applicant was lawfully married to the deceased in the year 2003. The marriage subsisted for two decades, and two children, aged about 21 years and 18 years, were born out of the said wedlock. The learned Senior Counsel further submits that even if the allegations set out in the FIR are taken at their face value and accepted in their entirety, they do not prima facie disclose the commission of any offence attributable to the applicant.
2 9-ABA 2178-25.doc 2.
The learned Senior Counsel further submits that the complainant has, for the very first time, levelled allegations against the applicant only after the unfortunate demise of the deceased. These allegations appear to be sudden, uncorroborated, and largely based on assumptions, presumptions, and conjunctures, without any supporting prima facie material. Notably, there is neither a suicide note nor any direct evidence linking the applicant to the alleged offence. The FIR appears to have been registered in the immediate aftermath of the incident and seems to reflect the emotional distress and grief of the complainant rather than being grounded intangible or credible material. 3.
The learned Senior Counsel submits that there is no direct or cogent evidence available on record to demonstrate any active role on the part of the applicant in terms of instigating, provoking, or intentionally aiding the deceased in committing suicide. The vague assertions pertaining to alleged domestic discord, in the absence of any proximate or specific act of cruelty or instigation, fall short of making out a prima facie case of abetment under the relevant provisions of law.
4.
The learned APP, however, seeks time to take necessary instructions in the matter.
5.
By consent, the matter is adjourned to 29 August 2025. In the meantime, no coercive action shall be taken against the applicant in connection with the present crime till the next date of hearing. The applicant shall, however, attend the concerned police station as and when required by the Investigating Officer and shall extend full cooperation to the ongoing investigation."
4.
Learned APP for the Respondent-State, on instructions, submits that the Applicant has cooperated in the investigation. It is submitted that the investigation is over and custodial interrogation of the Applicant is not needed. In that view of the matter, the following order is passed:-
ORDER
i.
The Anticipatory Bail Application is allowed.
3 9-ABA 2178-25.doc ii.
In the event of the arrest of the Applicant in Crime No.633 of 2025 registered with Samata Nagar Police Station for the offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount. 5.
The Anticipatory Bail Application is disposed of in the aforesaid terms.
(N.R. BORKAR, J.)