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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