Ratnamala Alias Gauri Bhagwan Wadghule v. The State Of Maharashtra
2026:BHC-AUG:21106 1 922 ba 909.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 909 OF 2026 WITH CRIMINAL APPLICATION NO. 1832 OF 2026 Ratnamala @ Gauri Bhagwan Wadghule, Age : 38 Years, Occu. : Household, R/o Wadghule Wasti, Kangoni Road, Sonai, Tq. Newasa, Dist. Ahilyanagar.
.. Applicant
Versus
The State of Maharashtra .. Respondent Dr. Shri R. R. Deshpande, Advocate h/f Ms. Priyanka R. Deshpande, Advocate for the Applicant.
Shri G. O. Wattamwar, A.P.P. for the Respondent - State. Shri Suhas R. Shirsath, Advocate h/f Shri Arun V. Rakh, Advocate for the Informant - intervenor.
CORAM : SHAILESH P. BRAHME, J.
DATE : 07TH MAY, 2026.
FINAL ORDER :
.
Heard both sides.
2.
The Criminal Application No. 1832 of 2026 has been filed by the informant seeking permission to assist the Public Prosecutor. For the reasons mentioned in the application, same is allowed permitting the applicant - informant to assist the P. P. The criminal application is disposed of.
3.
The applicant is seeking bail in furtherance of Cr. No.
2 922 ba 909.26 33/2026 registered with Sonai Police Station, Tq. Newasa, Dist. Ahilyanagar for the offences punishable U/Sec. 103(1), 118(2), 115(2), 3(5), of the Bhartiya Nyaya Sanhita, 2023. She was arrested on 04.02.2026. The charge sheet is filed on 20.03.2026. 4.
A complaint is lodged with the police by Hirabai Dattatraya Wadghule stating that she along with son Ganesh were staying at Wadghule Wasti, Sonai, Tq. Newasa. Applicant and co-accused are her close relatives, who are also staying at the same place and they were having disputes. On 03.02.2026 at about 8.30 PM, when Ganesh had been to their old house, she heard commotions. On reaching spot she witnessed that her son was being assaulted by co-accused Bhagwan Vitthal Wadghule, Sambhaji Vitthal Wadghule and Vitthal Rangnath Wadghule with weapons. She tried to intervene, but she was also assaulted by applicant by stick. Ganesh succumbed to the injuries. 5.
Learned counsel Mr. Deshpande for the applicant submits that no incriminating role is attributed to the applicant for assaulting Ganesh. Only allegations against her are giving blow by stick on right hand of the informant. It is specifically stated that she is having nine months sucking child and two years boy to be looked after. It is submitted that, she proposes to reside at village Pimpri Shahari, Tq. Newasa at her parents place. 6.
Per contra, learned A. P. P. submits that applicant is coaccused and she assisted the co-accused to assault Ganesh. She
3 922 ba 909.26 prevented informant, otherwise Ganesh would have been saved. It is stated to be brutal assault by knife inviting my attention to the postmortem report disclosing twenty two injuries. 7.
Learned counsel appearing for the informant would additionally submit that if applicant is released on bail, she is likely to influence informant, who is staying alone at Wadghule Wasti, Sonai.
8.
Applicant, co-accused and victims are close relatives. They are staying at Wadghule Wasti, Sonai, Tq. Newasa. There appears to be disputes over ancestral house, which is described as old house. Informant has actually witnessed the assault and she tried to save herself. The papers of investigation would show that Ganesh was being assaulted by co-accused Vitthal by scythe, co-accused Bhagwan by iron rod and Sambhaji by spade. Applicant is not alleged to have assaulted Ganesh. She is alleged to have assaulted informant by stick on her right hand. I have gone through the medico legal certificate of informant, which shows two simple injuries on hand.
9.
The role attributed to the applicant is venial in nature. The submissions of the respondent that applicant in fact prevented informant in rescuing the deceased needs to be examined during the course of trial. The criminal liability of the applicant can be gone into more details in the trial.
4 922 ba 909.26 10.
It is undisputed that applicant has sucking girl child of nine months and son of two years. Her husband is behind bars. The statement of the learned counsel for the applicant that she is ready to stay at her parents place can be accepted. She is entitled to bail on certain conditions. I, therefore, pass following order.
O R D E R
A.
The bail application is allowed.
B.
Applicant - Ratnamala @ Gauri Bhagwan Wadghule shall be released on bail in respect of Cr. No. 33/2026 registered with Sonai Police Station, Tq. Newasa, Dist. Ahilyanagar for the offences punishable U/Sec. 103(1), 118(2), 115(2), 3(5), of the Bhartiya Nyaya Sanhita, 2023 on condition of furnishing P. R. bond and S. B. of Rs. 30,000/- (Rs. Thirty thousands only) with one solvent surety of like amount.
C.
The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses.
D.
The applicant shall stay away from Wadghule Wasti, Sonai, Tq. Newasa.
E.
The applicant shall furnish his mobile/cell number and address to the investigating officer.
5 922 ba 909.26 F.
The applicant shall surrender her Adhsar and PAN Cards. G.
Bail application is disposed of.
[ SHAILESH P. BRAHME J. ] bsb/May 26