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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 108 read with 3(5), 85
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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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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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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