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Bombay High CourtABA/271/2026allowed

Rasika Narayan Godage v. The State Of Maharashtra

2026-05-12Hon'Ble Shri Justice Mehroz Ashraf Khan Pathan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 271 OF 2026 Rasika Narayan Godage ...Applicant

Versus

The State Of Maharashtra

...Respondent

.....

Adv. Priyal G. Sarda (through V.C.) for Applicant. Ms. Priyanka S. Rane, learned APP for the Respondent-State. .....

CORAM : PRAVIN S. PATIL, J.

DATE : 12th May, 2026.

(Vacation Court) P.C. :

1.

Heard.

2.

Issue notice to the respondents, returnable on 15th June 2026. 3.

The learned APP waives notice for respondent-State. 4.

By this application, the Applicant is seeking pre-arrest bail in Crime No.92 of 2026 registered with Barshi Taluka Police Station, Dist. Solapur, for the offences punishable under Sections 108, 85, 115(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

5.

The case of the prosecution is that on 28th March 2026, there was a quarrel between the present Applicant and the deceased and, as a

result of the said quarrel, the deceased consumed pesticides and succumbed on 29th March 2026. Accordingly, on the complaint lodged by the mother of the deceased, the offence under Sections 108, 85, of the BNS, 2023 came to be registered against the applicant. 6.

The learned APP for the respondent-State strongly opposed the present application. The learned APP has pointed out that the deceased was continuously ill-treated by the applicant and her family members. To substantiate her submission, relied upon the averment made in complaint/FIR. As such, learned APP prayed for rejection of the application.

7.

It is pertinent to note that, FIR against the applicant is came to be lodged by mother of the deceased. During life-time of deceased, there are no complaints against the present applicant. So also it is not the case that present complainant during life-time of deceased raised her voice against the applicant, when she got knowledge of ill-treatment to deceased.

8.

In the present matter, the deceased consumed pesticides on 28th March 2026 and succumbed on 29th March 2026. Even during this period, no statement implicating the present Applicant was made by the deceased.

9.

In the circumstances, considering the nature of the allegations levelled against the present Applicant, I am of the opinion that the

present Applicant is entitled for protection till the final disposal of the present application.

10.

Accordingly, there shall be ad-interim relief in terms of prayer clauses (c) and (d).

11.

The Applicant is directed to cooperate with the Investigating Officer and attend the concerned Police Station as and when called by the Investigating Officer.

[ PRAVIN S. PATIL, J.]