BHAUSAHEB DATTOBA KAMBLE AND ANRversusTHE STATE OF MAHARASHTRA

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 1983 OF 2026
Shekhar @ Chandrashekhar Jagannath Bhosale            …Applicant
            Vs.
State of Maharashtra                                  …Respondent
Through Yavat Police Station
                            AND
      ANTICIPATORY BAIL APPLICATION NO. 1984 OF 2026
1. Bhausaheb Dattoba Kamble                 …Applicants
2. Laxmi Bhausaheb Kamble
            Vs.
The State of Maharashtra                              …Respondent


Mr. Arjun S. Pawar, for the Applicants in both Applications.
Ms. Savita M. Yadav, APP for the Respondent-State.
PSI Akshay More, Yavat Police Station, Pune Rural


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATE :       21st SEPTEMBER, 2026
P. C.:

1.       By these applications, the Applicants are seeking pre-arrest

bail in connection with C.R. No. 565 of 2026 registered with Yavat

Police Station, Pune Rural for the offences punishable under

Sections 108, 115(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023.



2.       It is the contention of Mr. Pawar, learned counsel appearing

for the Applicants that the Applicants are not involved in the crime.




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He submits that there are total six accused. Two accused, namely,

accused Nos.1 and 5 have been granted regular bail.                The

Applicant in Criminal Anticipatory Bail Application No. 1983 of

2026 i.e. Accused No.4 is the relative and not present when the

alleged incident of assault on the deceased took place on 7 th June

2026. He submits that as far as accused Nos. 2 and 3, they are in-

laws and they are not involved in the crime. He submits that the

main allegations are against the Accused No.1-husband who has

been arrested and released on regular bail. He submits that in fact

the charge-sheet is also filed against the arrested accused. Mr.

Pawar, learned counsel submits that accused Nos. 2 and 3, i.e., in-

laws went to Bangalore on 8th June 2026 by Udyan Express which

train they boarded on 12:15 P.M. in the afternoon on 8 th June,

2026 and therefore, submits that the in-laws are not involved in

the crime. He further submits that there are no antecedents and

therefore anticipatory bail application be allowed.



3.    On the other hand, Ms. Yadav, learned APP states that the

allegations are very serious. As far as the accused No.2, i.e., father-

in-law, the allegations are that he was sexually harassing the

victim. She points out that on 8th June 2026, the First Informant,



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i.e., mother of the deceased received a phone call at about 5:30

P.M. and the victim has informed her that on 7 th June 2026, her

husband, in-laws and Accused No.4, i.e., Shekhar Bhosale in

Anticipatory Bail Application No. 1893 of 2026 assaulted the

victim to such an extent that she became unconscious, however she

was not taken to the hospital and that on 9 th June 2026, early

morning, the deceased died by suicide. Ms. Yadav, learned APP,

therefore, submits that all accused are involved in very serious

and therefore custodial interrogation is necessary.



4.    The prosecution case is set out in paragraph No. 3 of order

dated 13th July 2026 passed by learned Additional Sessions Judge,

Baramati in Criminal Bail Application No. 441 of 2026, which

reads as under :-


      “3]   Informant's daughter namely Vaishnavi married

      to accused no.1 Ajinkya. After some days, dispute

      arose between the accused no.1 Ajinkya and victim

      Vaishnavi as accused no.1 Ajinkya was having extra

      marital relationship. Moreover, accused no.1 Ajinkya

      used to ill-treat the victim Vaishnavi physically and




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      mentally.   Moreover, accused no. 2 Bhauso used to

      look at the victim with bad intention and he used to

      physically and mentally harass her. On dt.08/06/2026

      at about 05.30 pm informant received a phone call

      from the victim namely Vaishnavi. At that time, victim

      Vaishnavi informed to her that her husband, father in

      law, mother in law, brother in law and Shekhar

      Bhosale and Mr. Kadam severely beaten her and

      therefore, she became unconscious. At that time,

      informant consoled her. On dt. 09/06/2026 at about

      08.30 am informant was at Bus Stand to proceed

      towards village Dalimbe to meet the victim. At that

      time, she received a phone call of accused no.1

      Ajinkya. He informed the informant that victim

      Vaishnavi has committed suicide. Hence, informant

      lodged report about the said incident to Yavat Police

      Station.”


5.    Thus, it is clear that the deceased was continuously harassed

by the Applicant and co-accused. In fact, accused No.1, i.e., the

husband of the deceased was having extra-marital relationship and



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therefore also the Applicant and co-accused were physically and

mentally harassing the Applicant. In fact, the allegation is that

Accused No. 2, i.e., father-in-law was sexually harassing the

deceased. As per the prosecution case, on 7 th June 2026, all the

Applicants including the co-accused very severally assaulted the

deceased to such an extent that she became unconscious. Inspite of

that she was not taken to the Hospital. She died by suicide in the

early morning on 9th June 2026.


6.    The Supreme Court in the case of Abhinav Mohan Delkar Vs.

State of Maharashtra1 has held that Section 306 read with Section

107 of the Indian Penal Code, 1860, has been interpreted, time

and again, and its principles are well-established. It has been held

that to attract the offence of abetment to suicide, it is important to

establish proof of direct or indirect acts of instigation or incitement

of suicide by the accused, which must be in close proximity to the

commission of suicide by the deceased. Such instigation or

incitement should reveal a clear mens rea to abet the commission

of suicide and should put the victim in such a position that he/she

would have no other option but to commit suicide.


1     (2026) 6 SCC 233


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7.    As noted hereinabove the Accused No.1 was having extra

marital relationship and therefore all accused were physically and

mentally harassing the victim. She was assaulted about 1 day

earlier to such an extent that she became unconscious. Still she

was not taken to the hospital. The father-in-law was sexually

harassing her. Thus the observations of the Supreme Court in

Abhinav Mohan Delkar (Supra) are squarely applicable to the

present case.



8.    Accordingly, no case is made for grant of anticipatory bail to

any of the accused. The Anticipatory Bail Applications are

dismissed.



9.    The observations in this order are made for considering

these Anticipatory Bail Applications. The learned Trial Court shall

not be influenced by any of the observations made hereinabove

and shall decide the case on its own merits.


                                           [MADHAV J. JAMDAR, J.]




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