Bharat Dhondiba Mane v. State Of Maharashtra

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.08.09 11:17:15 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 2184 of 2025 Bharat Dhondiba Mane Age 60 years, Occ. Agriculture, Address : Kanad Galli, Karmala, Taluka : Karmala, Dist: Solapur.

... Applicant versus The State of Maharashtra (At the instance of Karmala Police Station)

...Respondent

---- Mr Rajendra Shirodkar, Senior Advocate a/w Mr Archit Sakhalkar, for the Applicant.

Mr S V Walve, APP, for Respondent / State.

API Sandesh Dashrath Chandanshiv, Karmala Police Station, is present.

---- Coram: R.N. Laddha, J.

Date: 8 August 2025 P.C.:

.

Heard Mr Rajendra Shirodkar, the learned Senior Counsel appearing on behalf of the applicant and Mr S.V. Walve, the learned Additional Public Prosecutor representing the respondent / State.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.474 of 2025, registered at Karmala Police Station, Solapur Rural, for the offences punishable under

Sections 108, 80(2), and 85 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

According to the prosecution on 30 December 2018, the daughter of the informant by name Vaishnavi (the deceased) got married to Pradeep, the son of the present applicant. It is alleged that the deceased was harassed by her in-laws for illegal dowry demands and her character was malign, due to which she committed suicide on 11 June 2025. In her suicide note, the deceased specifically alleged the husband and mother-in-law for her suicide and no reference has been made to the present applicant.

4.

The learned Senior Counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated. The learned Senior Counsel further submits that there is no specific allegation or overt act attributed to the applicant either in the FIR or the suicide note. The allegations are vague and omnibus in nature. There is no proximity between any alleged act of harassment by the applicant and the death of the deceased. The co-accused whose names were mentioned in the suicide note were arrested and subsequently released on bail. There is nothing to be recovered or discovered from the applicant. The custodial interrogation is not necessary

and the applicant is willing to cooperate with the investigation. Moreover, the applicant is about 60 years old, has no criminal antecedents, and has roots in the society.

5.

The learned Additional Public Prosecutor opposed the application, submitting that there are allegations of dowry harassment and casting aspersions on the character of the deceased. The learned APP, however, fairly concedes that the investigation has been concluded and nothing is to be recovered or discovered from the applicant and his custody at this juncture is not warranted.

6.

This Court has given anxious consideration to the rival submissions made across the Bar and perused the record. 7.

Upon perusing the records it appears that the suicide note, which is the most contemporaneous document left by the deceased, does not name or implicate the present applicant. The FIR contains general allegations without attributing specific acts to the applicant. The omnibus allegations against the present applicant without specific instances prima facie are not sufficient to deny pre-arrest bail, particularly where custodial interrogation is not warranted. Furthermore, there is no material to indicate a live and proximate link between the alleged acts of the applicant and the suicide. The applicant's

custodial interrogation is not shown to be necessary for the purpose of investigation. In this context, a profitable reference may be made to the decisions in Mohan Singh Vs. State of Gujarat, (2010)8 SCC 628 and K Subba Rao Vs.State of Telangana (2018) 14 SCC 452.

8.

Considering the settled law and facts, this Court is of the view that the applicant has made out a case for the grant of anticipatory bail. Accordingly, the application is allowed and the following order is passed :

ORDER

(i) In the event of the applicant's arrest in C.R. No.474 of 2025, registered at Karmala Police Station, Solapur Rural, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount. (ii) The applicant shall join the investigation as and when called by the Investigating Officer.

(iii) The applicant shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer.

(iv) The applicant shall not tamper with evidence in any manner.

9.

The application is allowed in the above terms. (R.N. Laddha, J.)