Bombay High Court
TATYARAM WAMAN SANGALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Anticipatory bail is granted to the applicant subject to specified conditions.
Summary
The applicant, Tatyaram Waman Sangale, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case (C.R. No. 181/2026) alleging offences under Sections 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant had an extramarital relationship with the victim, who later committed suicide, and that he threatened the victim's husband and others. The applicant contended that he was innocent and that the husband was the real harasser. The State opposed bail, arguing that the applicant was involved in the alleged relationship and could influence witnesses. After considering the submissions and noting the applicant's cooperation with the investigation, the court granted anticipatory bail subject to strict conditions, including a cash bond, sureties, regular police reporting, and a prohibition on tampering with evidence or influencing witnesses.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under Sections 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the applicant is likely to tamper with evidence, influence witnesses, or commit further offences if released on bail.
- Whether the circumstances of the alleged extramarital relationship and the victim's suicide justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 351(2), 352
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- offences under BNS 2023
- witness tampering
- bail conditions
- suicide
- defamation
Judgment
24 ABA-2246-2026.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2246 OF 2026
Tatyaram Waman Sangale …Applicant
Vs.
1. State of Maharashtra …Respondents
2. Dattatray Balasaheb Pawar
Mr. Sachin H. Deokar (through VC) a/w. Suraj V. Gadkari, for the
Applicant.
Ms. M.R. Tidke, APP for the Respondent No.1-State.
Mr. Vivek N. Arote (through VC), for Respondent No. 2.
PSI Avinash Ghorpade, Walchandnagar Police Station.
CORAM: MADHAV J. JAMDAR, J.
DATE : 31st AUGUST, 2026
P. C.:
1. Heard Mr. Deokar, learned counsel appearing for the
Applicant, Mr. Arote, learned counsel appearing for Respondent
No.2 and Ms. Tidke, learned APP appearing for the State.
2. By this application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-
arrest bail in connection with C.R. No. 181 of 2026 registered with
Walchandnagar Police Station, Pune Rural for the offences
punishable under Sections 109, 351(2) and 352 of the Bharatiya
Nyaya Sanhita, 2023.
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3. The prosecution case is set out in paragraph No. 2 of the
order dated 23rd July 2026 passed by learned Additional Sessions
Judge, Indapur, Dist. Pune in Criminal Bail Application No. 159 of
2026, which is reproduced hereinbelow for ready reference :-
“2. The brief facts, which led to the filing of the
FIR can be summarized as under -
That on 05.06.2026 informant husband lodged the
FIR with Walchandnagar Police Station alleging that
victim lady was his wife & Tatya Sangle was his
friend and they were visiting each others house. On
19.04.2026, victim lady told him & his children that
since last one year there was love affair between her
and Tatya Sangle and they were frequently having
talks on the mobile phone. Since last several days
she was avoiding to talk with him. So he was
threatening her by saying that "if you don't continue
to have talks with me then I will tell the villagers
that there is illicit relation between us and thereby I
will defame you." He had also threatened to kill her
and her children. She also prayed for apology of the
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informant, who tried to console her. He also
contacted Tatya Sangle, who admitted the illicit
relationship and assured him to breakup the same.
However, after 8 to 10 days, Tatya Sangle started to
tell the villagers about his illicit relation with victim
lady and thereby she was defamed. On 28.05.2026,
his son Jay told him that Tatya Sangle stated him
that "I have recordings of 1100 audio calls of your
mother and you can't cause any damage to me. I
have no care of anybody. I will kill you, your brother
& father and keep your mother as my kept mistress."
Having knowledge of such a threat, victim lady was
scared and stated that "I will end my life, which has
now become meaningless." On 30.05.2026 victim
lady consume insecticide and committed suicide.
Making such allegations, the FIR came to be lodged
at Walchandnagar Police Station and accordingly,
C.R. No. 181/2026 came to be registered. Applicant
Tatya claims to be innocent and apprehends his
arrest in the present crime and therefore, he has
moved the present application.”
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4. It is the submission of Mr. Deokar, learned counsel appearing
for the Applicant that the Applicant is not involved in the crime. It
is his submission that in fact the husband of the victim was
harassing her and therefore she has committed suicide.
5. On the other hand, Ms. Tidke, learned APP strongly opposes
the anticipatory bail application and submits that the Applicant
was having a relationship outside the marriage with the victim
and, as the victim thereafter opposed the said relationship, the
incident in question took place. It is, therefore, submitted that no
protection be granted to the Applicant.
6. As per the prosecution case, about one year prior to the
incident, the Applicant and the victim were having a relationship
outside the marriage and, therefore, there was a dispute between
the Applicant and the First Informant. There are WhatsApp chats
between the Applicant and the First Informant regarding the said
relationship. In any case, there are no other antecedents against
the Applicant. Mr. Deokar states that pursuant to the order dated
24th August, 2026, the Applicant attended the concerned Police
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Station on 28th August, 2026 and 29th August, 2026 and handed
over his mobile phone and cooperated with the investigation.
7. In the above circumstances, a case is made out for grant of
Anticipatory Bail by imposing certain conditions. Hence, following
order is passed:
ORDER
i. In the event of arrest, the Applicant- Tatyaram Waman
Sangale be released on bail in C.R. No. 181 of 2026
registered with Walchandnagar Police Station, Pune Rural,
on executing P.R. bond of Rs.30,000/- and furnishing one or
two local solvent sureties in the like amount.
ii. The Applicant shall attend the concerned Police Station as
and when called by the Investigating Officer till filing of the
charge-sheet.
iii. The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and shall
keep the same updated, in case of any change thereto.
iv. 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
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from disclosing the facts to the Court or to any Police
personnel.
v. The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the Complainant,
or any witness, in any manner.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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