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Bombay High Court

NAGU SAVALA MIREKARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that, as the applicant was not present at the incident and was not implicated in the charge‑sheet, anticipatory bail under Section 482 BNSS, 2023 was warranted.

Summary

The applicant, Nagu Savala Mirekar, mother‑in‑law of a deceased woman, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case alleging that she, along with the deceased's husband, had harassed the victim, leading to her suicide. The prosecution alleged that the applicant participated in demanding a gold ring and threatened the victim, but the applicant was not present at the time of the incident and the charge‑sheet had already been filed against the husband. The court examined the facts, noted that the applicant had no direct involvement and that the investigation was essentially complete. Relying on Section 482, the court held that anticipatory bail was appropriate and imposed standard conditions, including furnishing a bond and not influencing witnesses. Consequently, the anticipatory bail application was disposed of in favour of the applicant.

Issues considered

  • Whether the applicant can be granted anticipatory bail under Section 482 of the BNSS, 2023 despite allegations of involvement in the alleged harassment.
  • Whether the applicant’s alleged participation in the events leading to the victim’s suicide makes her liable to arrest.
  • Whether the existence of a charge‑sheet against another accused precludes granting bail to the applicant.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • domestic violence
  • suicide
  • Bharatiya Nagarik Suraksha Sanhita
  • Bhartiya Nyaya Sanhita
  • bail conditions

Judgment

                                               919-ABA-2767-2026.DOC

                                                          Akash Tayde




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
        ANTICIPATORY BAIL APPLICATION NO.2767 OF 2026


Nagu Savala Mirekar                              …Applicant
      Versus
The State of Maharashtra                         …Respondent



Mr. Shubham Sane a/w Vishwatej Jadhav & S. Lokhande, for the
Applicant.
Mr. P. P. Jadhav, APP, for the Respondent-State.
Mr. Bochare S. L., PSI, Wanwadi Police Station, present.


                    CORAM:      MADHAV J. JAMDAR, J.
                    DATED :     07th OCTOBER 2026
PC:-


1.     Heard Mr. Sane, learned Counsel appearing for the Applicant

and Mr. Jadhv, learned APP appearing for the Respondent-State.



2.     By the present Application filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant is

seeking pre-arrest bail in connection with C.R. No.269 of 2026

registered with Wanwadi Police Station, Pune City, for the offences

punishable under Sections 85 and 108 read 3(5) of the Bhartiya

NyayaSanhita, 2023 (“BNS”).




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                                                             Akash Tayde




3.    The prosecution case is set out in Paragraph No.2 of the

Anticipatory Bail Application, the relevant portion of the same is as

under :-



            “The First Informant. Shri Vitthal Ambadas Shinde, the
       brother of the deceased Smt. Laxmi Maruti Mirekar, lodged
       the F.I.R. alleging that his sister came to be married to
       Accused No. 1 Shri Maruti Savala Mirekar on 10.03.2008;
       that from the time of the marriage her husband and her
       mother-in-law, being the present Applicant, subjected her to
       physical and mental cruelty for the purpose of bringing
       money from her maternal home, that on that account a
       complaint had at one point of time been lodged at the
       Bharosa Cell, Ahmednagar, whereafter Accused No. 1
       effected a compromise and took her back; that for about five
       or six days prior to the incident, it being the Dhonda month,
       Accused No. 1 and the Applicant were harassing her to bring
       a gold ring of one tola from her brother, that on 10.06.2026
       at about 17.18 hrs his sister telephoned him stating that her
       husband and her mother-in-law were harassing her on that
       account, whereupon he dialled 112 at about 17.21 hrs; that
       the police attended at the house and his sister told the police
       that it was a domestic quarrel between husband and wife
       and that nothing had happened to her, and that he thereafter
       learnt that his sister had jumped from the house and had
       been taken to Noble Hospital, where she was found to have
       died.

            The First Informant further states that upon enquiry his
       niece Ku. Pallavi Maruti Mirekar told him that for many days
       her grandmother and her father had been quarrelling with
       her mother, that on that day her mother had called the
       police; and that they thereupon told her that they would not
       permit her to remain in the house without bringing a gold
       ring from her maternal home, and that if she could not bring
       one she should end her life forthwith, whereupon she
       jumped and died of her injuries.”



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                                                    919-ABA-2767-2026.DOC

                                                               Akash Tayde




4.    Is is a submission of Mr. Sane, learned Counsel appearing for

the Applicant that, the Applicant is the Mother-in-Law of deceased.

The Applicant was not present when the incident took place and the

Applicant was not involved in the crime. Learned Counsel further

states that there are two Accused. Accused No.1 i.e. husband of the

deceased has been arrested and released on default bail. He submits

that chargesheet is already filed against Accused No.1.



5.    On the other hand, learned APP submits that the offence is

very various, therefore, application be rejected.


6.    Perusal of the record shows that the Applicant was not present

when the incident took place. Prima-facie, Applicant is not involved

in the crime. Chargesheet is already filed against the Accused No.1.

Thus, investigation is practically completed.


7.    Accordingly, in the facts and circumstances, the case is made

out for grant of Anticipatory Bail. Hence, the following order is

passed:


                              ORDER

      (a)    In the event of arrest of the Applicant- Nagu Savala

             Mirekar in connection with C.R. No.269 of 2026



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                                                     919-ABA-2767-2026.DOC

                                                                  Akash Tayde




           registered with Wanwadi Police Station, Pune City, the

           Applicant is directed to be released on bail on his

           furnishing P.R. Bond in the sum of Rs. 10,000/- with one

           or two solvent sureties in the like amount.

     (b)   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.


8.   The Anticipatory Bail Application is disposed of accordingly.




                                            [MADHAV J. JAMDAR, J.]




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