Sangita Vilas Salavade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

HARISH VITHAL CHAUDHARI CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION by HARISH VITHAL CHAUDHARI Date:

2026.06.16 15:05:55 +0530 CR. ANTICIPATORY BAIL APPLICATION NO. 26 OF 2026 Sangita Vilas Salavade ...Applicant

VERSUS

The State Of Maharashtra ...Respondent ----- Mr. Jaydeep Mane a/w Mihir Mondkar for Applicant. Mr. Nitin. B. Patil, APP for the Respondent-State. -----

CORAM

: MEHROZ K. PATHAN, J.

DATE : 12th JUNE, 2026.

P.C.

1.

Heard the learned Counsel for the Applicant and the learned APP for the State.

2.

The Applicant has approached this Court, seeking anticipatory bail in connection with Crime No. 530/2025 registered with Mohol Police Station, District Solapur Rural for the offences punishable under Sections 352, 3(5), 115(2) and 109 of the Bharatiya Nyaya Sanhita, 2023.

3.

The case of the prosecution is that on 21.04.2025 at around 11.30 pm on account of some trivial family dispute, the Complainant after being throttled by her husband, who then left the room, she poured petrol upon her and set herself on fire.

4.

The learned counsel for the Applicant submits that the Applicant is falsely implicated in the present crime only with an intention to rope in the entire family members of the husband against whom, the complainant wife is having some issues. The complainant wife was admitted in the hospital on 21.04.2025 for treatment of her injuries and during her admission in the hospital, there were two statements recorded of the victim. However, in those statements, the victim did not attribute any role to the present applicant of setting her on fire. The victim had rather stated that the fire was caused accidentally while she was cooking. The Applicant is an aged mother of the husband of the victim. The victim had rather stated that the fire was caused accidentally while she was cooking. The husband of the victim i.e.

son of the present Applicant was already released on anticipatory bail vide order dated 06.11.2025 passed in ABA No.2391/2025. The Applicant is not having any criminal antecedents. The Applicant is ready to abide by any condition that may be imposed by this Court. Hence, the Applicant woman may be protected. 5.

As against this, learned APP strongly opposes the application on the ground that the Applicant is involved in the serious offence of attempt to commit murder. There are direct allegations in the FIR wherein the Applicant is attributed to the role of pouring petrol upon the complainant/victim and setting her on fire due to

family dispute. The allegations are serious in nature. The anticipatory bail granted to the son of the present Applicant may not give benefit of parity to the present Applicant as this Court has observed that the allegation about setting the victim on fire is against the present Applicant and hence, on that ground, the son of the present Applicant Sachin Salavade was granted anticipatory bail by this Court. The statement of the complainant is recorded under Section 183 of Bharatiya Nyaya Sanhita, 2023. The presence of petrol, as found during the spot panchanama, clearly indicates the common intention of the applicant and his family members to bring petrol and set the complainant on fire. The offence is serious in nature and is punishable with life imprisonment. Hence, this is not a fit case to release the Applicant on anticipatory bail.

6.

I have gone through the investigation papers made available by the learned APP. The investigation appears to have been completed. The investigation papers contains the statement of the victim recorded immediately on the next date of the incident i.e. on 22.04.2025 wherein, she specifically states about accidental fire being caught while she was cooking. The said statement do not attribute any role either to the Applicant or her family members for setting her on fire. The said statement is recorded in the presence of the doctor, who has certified the fitness of the complainant while recording the

statement. The other statement dated 25.04.2025, which was also recorded in the presence of the Medical Officer, does not attribute any specific overt act to the present Applicant of setting the complainant on fire. The present FIR came to be lodged on 09.05.2025 solely on the basis of the third statement dated 08.05.2025, which is materially at variance with the earlier two statements of the prosecution. In the said statement, for the first time, a specific role has been attributed to the present Applicant, namely that she poured petrol on the complainant. Since, the Applicant is the mother-in-law of the complainant, the submission of the learned counsel for the Applicant that the Applicant is falsely implicated in the present crime cannot be ruled out at this stage.

7.

Taking into consideration the discrepancy in the statements of the complainant and that the investigation is almost completed and the chargesheet is submitted for approval of the higher officer, nothing remains to be investigated or recovered at the instance of the present Applicant. Hence, I am inclined to protect the Applicant. The apprehension of the learned APP can be taken care of by imposing conditions upon the Applicant. However these observations are prima facie in nature and are made only with purpose to decide the application and the same may not influence the trial Court. Hence the following order :

ORDER

(i) In the event of arrest of the Applicant - Sangita Vilas Salavade in connection with Crime No. 530/2025 registered with Mohol Police Station, District Solapur Rural for the offences punishable under Sections 352, 3(5), 115(2) and 109 of the Bharatiya Nyaya Sanhita, 2023, she be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount, on the following conditions : (a) The Applicant shall attend Mohol Police Station, District Solapur Rural on every Tuesday and Wednesday between 11:00 am. to 01:00 pm. and thereafter as when called by the Investigating Officer, till filing of the chargesheet, if any. (b) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses. (c) The Applicant shall not threaten the complainant or contact the complainant.

(d) The Applicant shall submit her Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of herself and two of the near relatives. (e) A single violation by the Applicant, such as making an attempt to contact or threaten the complainant, shall entitle the prosecution to seek cancellation of the Applicant's bail. (ii) The application is allowed in the above terms and stands disposed of.

( MEHROZ K. PATHAN, J.)