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Bombay High CourtABA/271/2026allowed

Rasika Narayan Godage v. The State Of Maharashtra

2026-06-15Hon'Ble Shri Justice Mehroz Ashraf Khan Pathan6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLICATION. NO. 271 OF 2026 Rasika Narayan Godage ...Applicant

Versus

The State Of Maharashtra

...Respondent

------ Ms. Seema Sahebrao Dighe (Through VC), i/b. Priyal Sarda, Advocate for the applicant.

Mr. Anand Shalgaonkar, APP for responder-State. Mr. Andhale, Police Constable, Valsane Police Station present. ------ Coram : MEHROZ K. PATHAN, J.

Date : June 15, 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 the Crime bearing FIR No.92 of 2026 dated 30th March 2026 registered at Barshi Taluka Police Station, District: Solapur, for the offences punishable under Sections 108, 85, 115 (2), 3 (5) of the Bhartiya Nyay Sanhita, 2023.

3.

The case of the prosecution is that informant Chakubai Dattatray

Shinde lodged complaint before Barshi Taluka Police-station on 30/03/2026 alleging therein that she resides at village Loni, Tal. Paranda, Dist. Dharashiv along with her husband and son. Marriage of her daughter Mohini performed on 06/02/2017 with Pramod Narayan Godage. After her marriage she had been at the house of her husband. Her husband was residing in field along with his brother and mother. After marriage of Mohini her husband and relatives of her husband cohabited properly to her daughter near about 2 months and thereafter they started ill-treatment to her on the reason that she is not cooking properly. Her daughter informed to her about ill-treatment at the hands of present accused and other family members.

Then, her brother Bhalchandra Karale had been at the house of her daughter, and given understanding to her husband and his family members. Thereafter, her daughter was pregnant of six months. They were not providing meal properly to her. On 14/01/2019 her daughter delivered a female child. Then, all family members of husband of her daughter were called in their house for hospitality. Thereafter, her daughter had been at the house of her husband and then they were engaging to her in an agricultural work and also subjected mental and physical cruelty upon her. 4.

Further, informant contended that in the year 2023 she was pregnant for second time. They were ill-treating to her as to why she

gave birth to a female child and assaulted to her. Therefore, her second pregnancy was terminated and said thing was narrated to her by her daughter. Thereafter, her husband and relatives subjected her to mental and physical cruelty. Then, on 28/03/2026 she came to know her daughter Mohini tried to commit suicide by consuming poison and she was admitted in Jagdale Mama Hospital, Barshi. So, she had been in the said hospital, her daughter was unconscious, at that time her husband was accompanied with her. He asked to her husband about the incident, therefore he narrated that during night time there was quarrel in between her daughter and her mother in-law. Therefore, she consumed poison. Then, her daughter died during treatment and after completion of funeral ceremony, she lodged the complaint. 5.

Ms. Seema Dighe holding for Priyal Sarda, learned Counsel for the Applicant, submits that the Applicant has been protected by the interim order dated 12th May 2026 passed by this Court. Pursuant to the said order, the Applicant has cooperated with the investigation. It is submitted that the investigation has culminated in filing of the charge-sheet and the Applicant has also been charge-sheeted in the present crime. It is therefore submitted that nothing further remains to be investigated so far as the Applicant is concerned and custodial interrogation is no longer necessary. Hence, it is prayed that the interim protection granted by this

Court be confirmed.

6.

Per contra, learned APP strongly opposes the application. It is submitted that the Applicant is involved in serious offences relating to cruelty and abetment of suicide. According to the prosecution, the Applicant, along with other family members, subjected the deceased Mohini to mental and physical cruelty, which ultimately drove her to commit suicide. It is further alleged that the Applicant and other accused persons were responsible for termination of the second pregnancy of the deceased. The offences alleged are serious in nature and are punishable with imprisonment which may extend to ten years. Therefore, it is submitted that this is not a fit case for grant of anticipatory bail. 7.

Perusal of the investigation papers shows that the investigation has culminated in filing of the charge-sheet. The Investigating Officer, who is present before the Court, informs that the charge-sheet has already been filed against the present Applicant. Thus, the investigation, so far as the Applicant is concerned, stands completed. The husband of the Applicant and the father-in-law of the deceased have already been arrested and released on regular bail.

8.

Since the charge-sheet has been filed against the present Applicant, there appears to be no necessity for her custodial interrogation. The Applicant was protected by the interim order dated 12th May 2026 and

there are no allegations that she has violated any of the conditions imposed by this Court or failed to cooperate with the investigation. 9.

Taking into consideration the nature of allegations, the filing of the charge-sheet, the interim protection granted by this Court and the fact that the apprehensions expressed by the learned APP can be adequately addressed by imposing stringent conditions, I am inclined to confirm the interim protection granted to the Applicant. Hence, the following order:

ORDER

I) The interim order dated 12th May 2026 is hereby confirmed. II) In the event of arrest of the Applicant - Rasika Narayan Godage, in connection with Crime bearing FIR No.92 of 2026 dated 30th March 2026 registered with Barshi Taluka Police Station, District Solapur, for the offences punishable under Sections 108, 85, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, she shall be released on bail on furnishing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount, subject to the following conditions:

A) The Applicant shall not enter the jurisdiction of Barshi Taluka Police Station except for attending Court proceedings and as may be directed by the Investigating Officer, till conclusion of the trial. C) The Applicant shall not pressurize the prosecution witnesses and

shall not tamper with the prosecution evidence, in any manner. D) The Applicant shall submit her Aadhar and PAN cards copy to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

E) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail of the Applicant. II) The application is allowed in the above terms and stands disposed of. [MEHROZ K. PATHAN, J.]