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Bombay High Court

SHIVANI KEDAR BHASMEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The Court granted anticipatory bail to Shivani Kedar Bhasme with stringent conditions.

Summary

The High Court considered an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Shivani Kedar Bhasme in connection with FIR No. 235 of 2026 alleging offences under Sections 108, 3(5), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Shivani, who was in a second marriage without a divorce from her first husband, had been harassing her husband Kedar, leading to his suicide, and presented mobile call records as evidence. The defence argued that the FIR was lodged after a 20‑day delay, the mobile conversations pre‑dated the incident by six months, the applicant had no criminal antecedents, and she was a mother of a 1.5‑year‑old child willing to cooperate with the investigation. Weighing the prima facie evidence against the applicant’s personal circumstances, the Court found that bail could be granted but imposed strict conditions to ensure cooperation and prevent tampering with evidence. Accordingly, the Court ordered the release of the applicant on bail upon furnishing a personal bond of Rs.30,000 with sureties and compliance with several investigative and conduct conditions.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged involvement of the applicant in the offences.
  • Whether the delay in filing the FIR and the timing of the mobile call records affect the grant of bail.
  • Whether the applicant's personal circumstances, including lack of criminal antecedents and having a young child, justify the grant of anticipatory bail.
  • What conditions may be imposed on anticipatory bail to safeguard the investigation and prevent interference with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • domestic violence
  • suicide
  • mobile evidence
  • bail conditions

Judgment

                                                                     20-ABA-1762-2026.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

       Digitally
                                    CRIMINAL APPELLATE JURISDICTION
       signed by
       SONALI                ANTICIPATORY BAIL APPLICATION NO.1762 OF 2026
SONALI MILIND
MILIND PATIL
PATIL Date:         Shivani Kedar Bhasme                                …Applicant
       2026.09.09
       10:59:03           Versus
       +0530
                    The State of Maharashtra & Anr.                     …Respondents

                                                     WITH
                                  INTERIM APPLICATION NO.2694 OF 2026
                                                      IN
                             ANTICIPATORY BAIL APPLICATION NO.1762 OF 2026

                    Dinesh Manikrao Bhasme                              …Applicant
                    IN THE MATTER BETWEEN:
                    Shivani Kedar Bhasme                                …Applicant
                          Versus
                    The State of Maharashtra                            …Respondent


                    Mr. Gaurav Kakade a/w. Mr. Alpesh Vegad and Mr. Pradip Naik, for
                    the Applicant.
                    Mr. S. V. Walve, APP, for the Respondent-State.
                    Ms. Anushka Parab i/b Abhay Parab for Respondent No.2.
                    Mr. Satish Shirsath, API, attached to Panchavati Police Station,
                    Nashik City, Nashik, present.


                                           CORAM:      MADHAV J. JAMDAR, J.
                                           DATED :     7th SEPTEMBER 2026
                    PC:-


                    1.       Heard Mr. Kakade, learned Senior Counsel appearing for the

                    Applicant, Mr. Walve, learned APP appearing for the Respondent-

                    State and Ms. Parab, learned Counsel appearing for the Intervenor.




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2.       This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in

connection with C.R. No.235 of 2026 registered with Panchavati

Police Station, Nashik City, Nashik, for the offences punishable

under Sections 108, 3(5), 352 and 351(2) of the Bharatiya Nyaya

Sanhita, 2023.



3.       It is the contention of learned Counsel appearing for the

Applicant that the Applicant is not involved in the crime. He

submitted that the FIR has been lodged after a period of 20 days

and the mobile conversation is prior to 6 months to the date of the

incident. He further submitted that the Applicant has a son of aged

1.5 years. He submitted that there are no criminal antecedents

against the Applicant and the Applicant will co-operate with the

investigation and even the Applicant is ready to handover the

mobile phone to the investigating machinery.



4.       On the other hand, Mr. Walve, learned APP appearing for the

Respondent-State and Ms. Parab, learned Counsel appearing for

the Intervenor submitted that the Applicant is involved in the

crime and there are several call records to substantiate the same. It




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is submitted that the Applicant was married and falsely stated that

the Applicant was granted divorce from the first marriage. It is

submitted that the Applicant was torturing the deceased and

therefore, the deceased died by suicide.



5.       Before considering the rival contentions, it is necessary to set

out the prosecution case as set out in paragraph No.2 of the order

dated 12th June 2026 passed by the learned Additional Sessions

Judge, Nashik, in Criminal Bail Application No.972 of 2026, which

reads as under:



            “2. Brief facts giving rise to the present
            application are as under:

            Dinesh Manikrao Bhasme filed FIR stating that
            his son Kedar was serving at Chalisgaon as
            Arogya Sevak. He came to Nashik for one year
            training. During that period, he stayed at Nashik
            alongwith his wife and son. Kedar’s wife Shivani
            suppressed the fact that she has not get divorce
            from her first husband and performed second
            marriage with Kedar. She was demanding money
            from time to time from Kedar. She was also
            giving abuses to Kedar, due to which he was
            mentally disturbed. Shivani used to make phone
            calls and was harassing her husband Kedar by
            giving abuses. Due to mental harassment of wife
            Shivaji, Kedar committed suicide. It is also
            alleged that Shivani’s parents were also abusing
            Kedar. ”




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6.       Although it is the contention of learned Counsel appearing

for the Applicant that the Applicant is not involved in the crime,

however, mobile conversation which is produced on record prima

facie shows that the Applicant was torturing the deceased and

therefore, the incident has taken place.



7.       However, it is required to be noted that the Applicant is a

lady having a child aged 1.5 years. Learned Counsel appearing for

the Applicant submitted that the Applicant will co-operate with the

investigation and that the Applicant is ready to handover her

mobile phone. There are no criminal antecedents against the

Applicant.



8.       Thus, in the facts and circumstances, the case is made out

for grant of Anticipatory Bail by imposing stringent condition. In

view thereof, the following order is passed:


                              ORDER

         (a)   In the event of arrest of the Applicant-Shivani Kedar

               Bhasme    in connection with C.R. No.235 of 2026

               registered with the Panchavati Police Station, Nashik

               City, Nashik, the Applicant is directed to be released



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               on bail on her furnishing P.R. Bond in the sum of

               Rs.30,000/- with one or two solvent sureties in the

               like amount.

         (b)   The Applicant shall attend the concerned Police

               Station on 10th September 2026 and 11th September

               2026 between 11:00 a.m. to 02:00 p.m. and shall

               cooperate with the investigation. In addition, the

               Applicants shall attend the concerned Police Station as

               and when called.

         (c)   The Applicant shall furnish her cell phone number and

               residential address to the Investigating Officer and

               shall keep the same updated, in case of any change

               thereto.

         (d)   The Applicant shall not directly or indirectly make any

               inducement, threat, or promise to any person

               acquainted with the facts of the case so as to dissuade

               such a person from disclosing the facts to the Court or

               to any Police personnel.

         (e)   The Applicant shall not tamper with the prosecution

               evidence and shall not contact or influence the




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               Complainant or any witness in any manner.


9.       The Anticipatory Bail Application is disposed of accordingly.



10.      In view of the disposal of the Anticipatory Bail Application,

nothing survives in the Interim Application and the same is also

disposed of.



11.      It is made clear that the observation made in this order are

of prima facie nature and the learned Trial Court shall decide the

trial without being influenced by the observations made in this

order.




                                            [MADHAV J. JAMDAR, J.]




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