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Bombay High Court

BAPUSAHEB FAKIRRAO DESHMUKH AND ANRversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The anticipatory bail application is dismissed.

Summary

The applicants, Bapusaheb Fakirrao Deshmukh and Shilabai Bapusaheb Sonawane, sought anticipatory bail under Section 482 of the Bharati Nagarik Suraksha Sanhita, 2023, in connection with FIR No. 167/2026 alleging assault, attempted murder and related offences against the complainant, Lina Kiran Deshmukh. The prosecution alleged that on 18 March 2026 the applicants forcibly restrained the complainant, forced her to ingest a white liquid, and caused her severe injuries requiring ventilator support and prolonged hospitalization. The FIR was lodged on 17 April 2026 after the victim regained consciousness and reported the incident. The court examined whether the material on record established a prima facie case and whether the seriousness of the offences warranted denial of bail. Finding that the allegations indicated participation in a grave crime and that the offences were non‑bailable, the court dismissed the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the Bharati Nagarik Suraksha Sanhita, 2023 in the present case.
  • Whether the offences alleged (Sections 109(1), 85, 115(2), 352, 351(2), 351(3)) are of such seriousness that bail should be denied.
  • Whether the prosecution has established a prima facie case sufficient to refuse bail.

Subjects

  • anticipatory bail
  • Section 482
  • attempted murder
  • assault
  • domestic violence
  • bail denial
  • criminal procedure

Judgment

                                                    23 ABA-2175-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2175 OF 2026
1) Bapusaheb Fakirrao Deshmukh                         …Applicants
2) Shilabai Bapusaheb Sonawane (Deshmukh)
           Vs.
State of Maharashtra                                   …Respondent


Mr. Kuldeep U. Nikam a/w. Om. N. Latpate and Samadhan
Ghumare, for the Applicants.
Mr. Mayur Sonavane, APP for the Respondent-State.
PC Sonawane, Yeola Taluka Police Station, Nashik Rural.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATE :      24th AUGUST, 2026
P. C.:

1.       Heard Mr Nikam, learned counsel appearing for the

Applicants and Mr. Sonavane, learned APP appearing for the State.



2.       By this application filed under Section 482 of Bharati

Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

arrest bail in connection with C.R. No. 167 of 2026 registered with

Yeola Taluka Police Station, Nashik Rural for the offences

punishable under Sections 109(1), 85, 115(2), 352, 351(2) and

351(3) of the Bharati Nagarik Suraksha Sanhita, 2023.




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3.    The prosecution case is set out in Paragraph No. 6 of the

order dated 20th July, 2026 passed by learned Additional Sessions

Judge, Yeola in Criminal Bail Application No. 104 of 2026. The

said Paragraph No. 6 reads as under :-

      “6.   Along with application Exh. 3, copy of FIR in

      Crime No. 167 of 2026 of Yeola Taluka Police Station is

      filed. It shows that the informant Lina Kiran Deshmukh

      gave report against her husband and in-laws, that after

      marriage, she learnt that her husband is having extra

      marital affair with other lady. She asked her husband

      not to maintain such relationship, but her husband and

      other in-laws have cause harassment to her. They were

      abusing her, they were not giving food to her, they were

      beating her. Even she made complaint to the person

      who has arranged her marriage, but that person has not

      listen her. He also abused her. Her in-laws were giving

      some substance in her food, water to her, after

      preferring water, after eating food she suffered

      giddiness, she was not understanding anything. In this

      way, they caused harassment to her. On 18/03/2026 at




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      11.00 p.m. informant was sleeping in her room, at that

      time her husband, father-in-law, mother-in-law all went

      there in her room. Her father-in-law, mother-in-law

      caught hold her hand, her husband closed her nose by

      hand and by the bottle in his other hand he pour white

      coloured water in her mouth forcibly. She consumed

      white coloured water, thereafter, she feel. giddiness and

      became unconscious. She do not know what has

      happened lateron. She gain her consciousness in

      Sahyadri hospital, Nashik on 16/04/2026. On the same

      day, she gave report against her husband and in-laws.

      On her report Crime No. 167/2026 under Sec. 109(1),

      85, 351(2), 351(3) is registered in Yeola City Police

      station.”



4.    The First Informant is the wife of the Accused No. 1 and the

daughter-in-law of the present Applicants, i.e., Accused Nos. 2 and

3. As per the prosecution case, on 18 th March, 2026, at about

11:00 P.M., The First Informant’s in-laws, i.e., Applicants caught

her hand and Accused No. 1 pressed her nose with one hand and

forced her to consume white colour water from the bottle by



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putting the same forcibly in her moth. It is required to be noted

that this incident took place at 11:00 P.M. on 18 th March, 2026.

The victim in a very serious condition was admitted in Shree

Janardan Swami Hospital, Kokamthan, Taluka Kopargaon, Dist.

Ahmednagar on 19th March, 2026 at 9:18 A.M. She was put on

ventilator support for two days and since there was no progress,

she was shifted by the parents and other relatives on 22 nd March,

2026 at Sahyadri Multispeciality Hospital, Nashik.



5.    It is required to be noted that material on record shows that

although the incident took place on 18 th March, 2026 at 11:00

P.M., the parent of the victim were informed only on 19 th March,

2026 at 8:00 A.M. The in-laws were also present on 19 th March,

2026 in the hospital. In fact, the health condition of the victim

was so serious that she was admitted at Sahyadri Multispeciality

Hospital, Nashik from 22nd March, 2026 till 14th April, 2026 and

thereafter F.I.R. has been lodged 17th April, 2026. The material on

record prima facie shows the involvement of the Applicants in a

very serious crime. In fact, this is a case where an attempt has been

made to commit murder of the victim but the victim survived only

because of the extensive medical treatment. The offence is very



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serious. Both the Applicants actively participated in committing

the crime.



6.    The Anticipatory Bail Application is dismissed.


                                           [MADHAV J. JAMDAR, J.]




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