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Bombay High CourtABA/114/2026allowed

Anita Maruti Bhosale v. The State Of Maharashtra And ANR

2026-06-16Hon'Ble Shri Justice Mehroz Ashraf Khan Pathan5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 114 OF 2026 Anita Maruti Bhosale ...Applicant

Versus

The State Of Maharashtra And Anr.

...Respondents

----- Mr. Viresh Purwant i/b Adv. Ashutosh Purwant, for the Applicant. Mr. Anand Subhash Shalgaonkar, APP, for the Respondent-State. H.C., A. S. Moholkar, Karmala Police Station, present. ----- Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2026.06.17 12:09:21 +0530 SHANTANU SHANKARSA DHUDUM

CORAM

: MEHROZ K. PATHAN, J.

DATE : 16th JUNE, 2026.

P.C.

1.

Heard learned counsel for the Applicant and learned APP for the Respondent - State.

2.

The Applicant has approached this Court seeking anticipatory bail in connection with Crime No.842 of 2025 registered with Karmala Police Station, District: Solapur, for the offences punishable under Sections 80(2), 85, 108, 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS") and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

3.

The prosecution case is that the deceased has harassed on account of demand for gold and vehicle. Upon, non fulfillment of

such dowry demands, the daughter of the complainant was subjected to cruelty and mental harassment. It is alleged that the deceased daughter of the complainant committed suicide by hanging herself on 11/10/2025 at morning 3:40 hours. The complainant further stated that on account of continuous demand of dowry at the behest of all the family members of the husband, including the present Applicant, the deceased was made to commit suicide. Since, the death has taken place within seven years of the marriage, a case of dowry death came to be registered against the present Applicant and other relatives of the husband.

4.

Learned counsel Ashutosh Purwant for the Applicant submits that the Applicant is falsely implicated in the present crime. Even if the allegations made in the F.I.R. are taken to be true, no overt act on the part of the Applicant is specifically alleged. The allegations are general in nature. The other co-accused, who have been attributed some direct role i.e. the husband and both the sons of the present Applicant, have already been arrested and released on regular bail. The charge-sheet is also filed in the present crime against the arrested accused. Therefore, the further custodial interrogation of the Applicant is not necessary. The Applicant is not having any criminal antecedents. The Applicant is a woman and is ready to abide by any

conditions that may be imposed by this Court. Hence, the Applicant may be released on anticipatory bail.

5.

As against this learned APP strongly opposes the anticipatory bail application on the ground that the present Applicant is involved in the serious offence of dowry death, which is punishable with 10 years of imprisonment. The offence is serious in nature and is a crime against the society. The Applicant is absconding from the date of registration of the crime. There are direct allegations against the present Applicant in the first information report as well as the statements recorded during course of investigation. Taking into consideration, the nature of the allegations, this is not a fit case to release the Applicant on anticipatory bail as the young women had died because of the cruelty and harassment allegedly meted out to her by Applicant and her relatives. Hence, the Application may be rejected.

6.

I have gone through the investigation papers made available by the learned APP which has culminated into filing of the chargesheet. The first information report dated 11/10/2025 itself shows that there are general allegations of cruelty and harassment made against all the family members of the husband, including the present Applicant, who is mother-in-law of the deceased. There are no complaints earlier filed by the complainant or the victim girl against

the family members of the Applicant. The first information report shows that there are direct allegations against the arrested accused; however, there are no specific overt acts attributed to the Applicant. The allegations against the Applicant are general in nature. The submission that the Applicant is falsely implication in the present crime appears to be probable at this stage. The other accused persons are already arrested and released on regular bail. The entire investigation appears to have been completed and a charge-sheet is already filed. The Applicant is a women aged 47 years, and is not having any criminal antecedents and is ready to abide by any conditions that may be imposed by this Court, I am inclined to protect the Applicant. Hence, the following order:

ORDER

i. The Application is allowed.

ii. In the event of arrest of the Applicant - Anita Maruti Bhosale in connection with Crime No.842 of 2025 registered with Karmala Police Station, District: Solapur, for the offences punishable under Sections 80(2), 85, 108, 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS") and Sections 3 & 4 of the Dowry Prohibition Act, 1961, 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 the concerned police station every Friday and Saturday between 11:00 a.m. to 1:00 p.m. till filing of the charge-sheet.

B) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses. C) The Applicant shall submit her Aadhar Card and PAN Card copy to the Investigating Officer and detailed addresses and phone numbers of herself and two of the near relatives.

D) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail. 7.

In view of the aforesaid terms and conditions, the application is allowed and also stands disposed of. ( MEHROZ K. PATHAN, J.)