MAHESH RAJENDRA AMBILWADEversusSTATE OF MAHARASHTRA

                                                  43-ABA-2687-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.2687 OF 2026


Mahesh Rajendra Ambilwade                            …Applicant
      Versus
The State of Maharashtra & Anr.                      …Respondents


Mr. Sainath S. Garade, for the Applicant.
Mr. S. S. Ghag, APP, for Respondent No.1-State.
Mr. Prabodhan Jadhav (through Video Conferencing), for the First
Informant.
Mr. Salunke, PSI, attached to Bibwewadi Police Station, Pune City,
Pune, present.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     28th SEPTEMBER 2026
PC:-


1.       Heard Mr. Garade, learned Counsel appearing for the

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

State and Mr. Jadhav, learned Counsel appearing for the First

Informant.



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

Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail

in connection with C.R. No.90 of 2026 registered with Bibwewadi

Police Station, Pune, for the offences punishable under Sections




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108, 74, 131, 118(1), 351(2), 115(2) and 3(5) of the Bharatiya

Nyaya Sanhita, 2023 (“BNS”).



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

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

submits that in fact, there was no pre-planning or even the

intention that the deceased should commit suicide. He submits that

the incident has taken place as the accused No.2-Ashwini Sachin

Junnarkar came to know about the relationship outside marriage

between the deceased and her husband i.e. accused No.1-Sachin

Mohan Junnarkar. The Applicant is the brother of accused No.2. He

submits that there are no other antecedents against the Applicant

and the Applicant will co-operate with the investigation.



4.       On the other hand, Mr. Ghag, learned APP strongly opposes

the Anticipatory Bail Application. He submits that due to the

actions of the accused, the deceased died by suicide and therefore,

the Applicant is not entitled for anticipatory bail. He submits that

in fact, the Applicant has outraged the modesty of the deceased

and therefore, the Applicant is not entitled for the anticipatory

bail.




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5.       Mr. Prabodhan Jadhav, learned Counsel appearing for the

First Informant also strongly opposes the Anticipatory Bail

Application. He submits that the Anticipatory Bail Application of

accused No.5-Nita Mahesh Ambivane has been dismissed as

withdrawn by a learned Single Judge (Coram: Shivkumar Dige, J.)

by order dated 10th June 2026 passed in Anticipatory Bail

Application No.1462 of 2026. He submits that the deceased

committed suicide after the incident in question has taken place.

Learned Counsel submits that the Applicant not only threatened

and abused the deceased but also outraged the modesty of the

deceased. Mr. Prabodhan Jadhav, learned Counsel therefore,

submitted that the Anticipatory Bail Application be rejected.



6.       The prosecution case is set out in paragraph No.2 of the

order dated 9th September 2026, passed by the learned Additional

Sessions Judge, Pune, passed in Criminal Bail Application No.3778

of 2026, which reads as under:



            “2] As per the case of prosecution, the wife of
            informant committed suicide on 28/04/2026 at
            his residential house. It is alleged that the
            accused Sachin Junnarkar was harassing the
            deceased. On 27/04/2026 at about 6:30 pm, the
            accused persons illegally entered the house of



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            informant, they abused informant and his wife,
            they beat them. The applicant accused outraged
            modesty of informant’s wife by touching her
            breast. So also he beat on her abdomen by kick
            and beat her on the head by hard object. The
            accused persons insulted the informant and his
            wife. The accused Sachin and Dr. Amita Dekhane
            threatened the informant of dire consequences if
            he registers FIR. Due to the said insult the
            deceased committed suicide.”


7.       Perusal of the record shows that the deceased was working

in a Gym run by the accused No.1-Sachin Mohan Junnarkar.

Accused No.2-Ashwini Sachin Junnarkar found certain WhatsAPP

chats in the cell phone of the accused No.1-Sachin Mohan

Junnarkar and on the basis of the said chats, she formed an

opinion that there is relationship outside marriage between the

accused No.1-Sachin Mohan Junnarkar i.e. her husband and the

deceased and suddenly she along with other accused persons went

to the house of the First Informant and deceased on 27 th April 2026

and assaulted and abused the deceased and behaved in indecent

manner.



8.       It is true that as per the prosecution case, the Applicant has

assaulted the deceased and also outraged the modesty of the

deceased. The deceased has died by suicide immediately on 28 th




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April 2026. However, even as per the prosecution case also, the

incident of assault and abuse has taken place on a spur of moment.

The Applicant i.e. accused No.4 along with accused No.2, who is

the sister of the Applicant and other co-accused went to the place

of the First Informant and the deceased to question the deceased

about her alleged relationship outside marriage with accused No.1.

The incident has taken place suddenly. There was no pre-

meditation or pre-planning. In fact, there is nothing on record to

show that there was intention of the Applicant that the deceased

should commit suicide.



9.       The Supreme Court in the case of Abhinav Mohan Delkar vs.

State of Maharashtra & Ors.1 has held that abetment involves a

mental process of instigating or intentionally aiding another person

to do a particular thing. To bring a charge under Section 306 of the

IPC, the act of abetment would require the positive act of

instigating or intentionally aiding another person to commit

suicide. Without such mens rea on the part of the accused person

being apparent from the face of the record, a charge under the

aforesaid Section cannot be sustained. Abetment also requires an


1        (2026) 6 SCC 233




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active act, direct or indirect, on the part of the accused person

which left the deceased with no other option but to commit

suicide.



10.      If the factual position in this case is examined on the basis of

the law laid down by the Supreme Court in the case of Abhinav

Mohan Delkar (supra), then it is clear that although there is

proximity between the actions of the Applicant and co-accused of

assaulting and abusing the deceased and the act of commission of

suicide, however, prima facie, there is no mens rea on the part of

the accused persons. The only intention of commission of crime of

assault and abuses was that accused No.2, who is the sister of the

Applicant had formed opinion on the basis of WhatsAPP chats

between the accused No.1 and the deceased that both of them

were in relationship outside marriage and to question about the

same, the Applicant along with co-accused went at the residence of

the deceased and in that process, assault, abuses etc. had taken

place.




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11.      In any case, the prosecution case prima facie shows that the

incident has taken place on a spur of moment. The Applicant has

no other antecedents.



12.      Learned Counsel appearing for the First Informant very

heavily relied on the order dated 10 th June 2026 passed by a

learned Single Judge in the case of Nita Mahesh Ambilwade in

Anticipatory Bail Application No.1464 of 2026. However, when the

said order was passed, the chargesheet was not filed and the same

has now been filed against accused Nos.1 and 2 who have been

released on regular bail. Thus, practically, the investigation is

completed.



13.      Accordingly, the case is made out for grant of Anticipatory

Bail. In view thereof, the following order is passed:


                               ORDER

         (a)   In the event of arrest of the Applicant-Mahesh

               Rajendra Ambilwade in connection with C.R. No.90 of

               2026 registered with the Bibwewadi Police Station,

               Pune, the Applicant is directed to be released on bail

               on his furnishing P.R. Bond in the sum of Rs.30,000/-



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               with one or two solvent sureties in the like amount.

         (b)   The Applicant shall attend the concerned Police

               Station on 5th October 2026 and 6th October 2026

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

               with the investigation. In addition, the Applicant shall

               attend the concerned Police Station as and when

               called.

         (c)   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.

         (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

               Complainant or any witness in any manner.




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           14.      The Anticipatory Bail Application is disposed of accordingly.



           15.      It is clarified that the observations made in this order are

           prima facie observations for deciding this Anticipatory Bail

           Application and the learned Trial Court shall not be influenced by

           the said observation.




                                                       [MADHAV J. JAMDAR, J.]
       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.28
       18:45:28
       +0530




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