Avdhoot Shantaram Kulkarni v. The State Of Maharashtra And Another

2026:BHC-AUG:17969 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 568 OF 2026 DEEPAK DATTATRAYA BHIDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER *** Advocate for Applicants : Mr. Vinod Y. Bhide APP for Respondents-State : Mr. K. K. Naik *** WITH CRIMINAL APPLICATION NO. 1337 OF 2026 IN ABA/568/2026 SAKSHI AMEY BHIDE ALIAS SAKSHI YOGESH JAHAGIRDAR

VERSUS

DEEPAK DATTATRAYA BHIDE AND OTHERS *** Advocate for Applicant : Mr. Rahul R. Karpe (Assist to PP) *** AND ANTICIPATORY BAIL APPLICATION NO. 577 OF 2026 AVDHOOT SHANTARAM KULKARNI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER *** Advocate for Applicants : Mr. Rahul R. Karpe APP for Respondent-State : Mr. K. K. Naik *** CORAM : MEHROZ K. PATHAN, J.

Date : 20th April, 2026 ORDER :- 1.

Anticipatory Bail Application No. 577 of 2026 not on Board. Upon mentioning, taken on Board.

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Heard learned counsel for respective parties. 3.

The applicants in both the bail applications have approached this Court apprehending arrest in connection with FIR bearing Crime No. 152 of 2026 dated 28.02.2026, registered with Shrirampur City Police Station, District Ahilyanagar, for the offences punishable under Sections 108, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4.

The case of the prosecution against the applicants (ABA No. 568 of 2026) Deepak, Arti, Amey @ Tejas and Amruta is centered on the allegation that this family abetted the suicide of the informant Yogesh Jahagirdar's daughter Raksha. The backdrop of this tragedy is rooted in matrimonial ties specifically involving Sakshi, the deceased's sister, who was married to Deepak's son, Tejas. This relationship was plagued by ongoing matrimonial disputes between Sakshi and the Bhide family members. 5.

The applicant Avdhoot (ABA No. 577 of 2026), who is Deepak Bhide's son-in-law and husband to Amruta, was also involved in matrimonial litigation. The FIR indicates that the discord

-3between Avdhoot and Amruta had escalated to proceedings pending before the Family Court. Amidst these interlocking family conflicts, the deceased, Raksha, was pursuing her education at CD Jain College, Shrirampur. The prosecution's grievance lies in the serious and defamatory allegations leveled by the Bhide family specifically Deepak, Arti, Amey, and Amruta regarding an alleged illicit relationship between Raksha and Avdhoot. It is the prosecution's contention that this targeted character assassination and persistent harassment at the hands of the applicants created the circumstances that drove Raksha to take her own life. Consequently, the informant lodged the FIR to initiate criminal proceedings against the applicants for his daughter's commission of suicide.

6.

The learned counsel for the applicants in ABA No. 568 of 2026, Mr. Vinod Bhide, submits that the applicants have been falsely implicated in the present crime. It is a matter of record that matrimonial disputes existed between Amruta and Avdhoot. Similarly, disputes persisted between the informant's daughter, Sakshi (the deceased's sister) and the Bhide family. However, the counsel contends that these existing family frictions are insufficient to sustain allegations of instigation or abetment of suicide against

-4the present applicants.

7.

It is further submitted that even if the contents of the suicide note are taken at face value, the mere allegation, by itself, do not constitute instigation or active act amounting to abetment under the law. The learned counsel relies upon the judgment of the Hon'ble Supreme Court in the case of Sanju @ Sanjay Singh Sengar Vs. State of Madhya Pradesh [(2002) 5 SCC 371]. The applicants, having no prior criminal antecedents, express their readiness to abide by any stringent conditions imposed by this Court and pray for the protection of anticipatory bail. 8.

As against this, the learned APP strongly opposes the application (ABA No. 568 of 2026), submitting that the applicants are involved in a grave offence of the abetment of suicide. It is the prosecution's specific case that the deceased, while residing with Avdhoot for the purpose of her education, was subjected to a continuous torture and harassment by the applicants. The APP emphasizes that the accusations go beyond mere domestic quarrels, involving targeted character assassination that directly led to the loss of a young life.

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The learned APP further submits that the offence under Section 306 of the IPC is of a heinous nature, carrying a substantial punishment of up to ten years of imprisonment. If the applicants are enlarged on bail, they may exploit their liberty to tamper with prosecution evidence. Furthermore, there is a significant risk that the applicants may influence or threaten the informant I.e the father of the deceased.

10.

The learned counsel for the applicant (ABA No. 577 of 2026) Mr. Karpe, submits that the implication of Avdhoot in the present crime is entirely misconceived. It is pointed out that the applicant's name does not appear in the FIR, nor is there any mention of him in the suicide note, upon which the prosecution places heavy reliance. The counsel contends that, far from being an aggressor, the applicant had actually provided shelter and support to the deceased, Raksha, and her sister, Sakshi, while they were allegedly facing hardships at the hands of the Bhide family. 11.

It is further argued that the prosecution's attempt to array Avdhoot as an accused lacks any factual foundation. The applicant is a respectable member of society with deep roots in the community, ruling out any risk of him absconding from the process

-6of law. The applicant expresses a readiness to cooperate with the investigation and abide by any conditions the Court may deem fit to impose. Consequently, it is prayed that the application for anticipatory bail be allowed.

12.

Per contra, the learned APP strongly resists the application (ABA No. 577 of 2026), contending that the mere absence of the applicant's name from the FIR does not absolve him of criminal liability. It is submitted that the informant has directly implicated the applicant in the events leading to the crime, identifying him connected to the circumstances of Raksha's suicide. It is contended that the applicant is linked to the sequence of events that culminated in the tragedy.

13.

I have gone through the investigation papers and the material on record. A perusal of the suicide note dated 03.02.2026 shows that while it names the applicants in ABA No. 568 of 2026, the allegations therein are general in nature. The note does not reflect any specific incident of harassment or instigation occurring in immediate proximity to the date of the offence. While such allegations may be considered a factor in the unfortunate demise of the deceased, for the purpose of Section 306 of the IPC, there

-7must be a proximate and direct link between the alleged acts and the suicide. I must clarify that these observations are prima facie in nature and are intended solely for deciding the present applications; they shall not influence the Trial Court during the final adjudication of the case.

14.

So far as the applicant Avdhoot in ABA No. 577 of 2026 is concerned, the contents of the suicide note itself shows that the applicant Avdhoot was also a victim of the Bhide family's conduct and was subjected to harassment alongside the deceased. The Hon'ble Supreme Court in Sanju @ Sanjay Singh Sengar (supra) has observed as under :-  "The word 'instigate' denotes incitement or urging to do some drastic or inadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation.....

 It is common knowledge that the words uttered in a quarrel or on a spur of the moment cannot be taken to be uttered with mens rea......."

15.

Taking into consideration the nature of the allegations and the fact that the applicants have no prior criminal antecedents, I am of the view that custodial interrogation is not necessitated. The apprehensions expressed by the learned APP specifically regarding the possibility of tampering with evidence or threatening

-8the informant can be adequately taken care of by imposing stringent conditions. For these reasons, I am inclined to grant anticipatory bail to the applicants. Hence, the following order is passed :-

O R D E R

i.

Both Anticipatory Bail Applications (ABA No. 568 of 2026 and ABA No. 577 of 2026) are allowed.

ii. In the event of arrest of the Applicants - Deepak Dattatraya Bhide, Arti Deepak Bhide, Amey @ Tejas Deepak Bhide, Amruta Avdhoot Kulkarni @ Amruta Deepak Bhide (ABA No. 568/2026) and Avdhoot Shantaram Kulkarni (ABA No. 577/2026), they be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) each with one or two solvent sureties in the like amount each, in connection with FIR bearing Crime No. 152 of 2026 dated 28.02.2026, registered with Shrirampur City Police Station, District Ahilyanagar, for the offences punishable under Sections 108, 3(5) of the Bharatiya Nyaya Sanhita, 2023 on the following conditions :- A) The Applicants are directed to attend the concerned police station and report to the Investigating Officer on 27.04.2026, 28.04.2026, 04.05.2026, 05.05.2026, 11.05.2026 and 12.05.2026 between 12:00 noon and 02:00 p.m. and thereafter, as and when, called by the Investigating Officer for the purpose of investigation.

-9B) The Applicants shall also cooperate with the investigation.

C) The Applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

D) The Applicants shall furnish copies of his Aadhaar Card and PAN Card to the Investigating Officer along with the addresses and mobile numbers of two nearest relatives.

1.

Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the anticipatory bail granted hereinabove.

2.

The observations made herein are prima facie and shall not influence the Trial Court while deciding the case on its own merits. 3.

In view of the above, the Anticipatory Bail Applications stand disposed of.

4.

Application for assisting the prosecution also stands disposed of.

(MEHROZ K. PATHAN, J.) Omkar Joshi