Bombay High Court
SHALAN ARUN DEVKARversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The court held that, in the absence of any prima facie allegation against the applicant, anticipatory bail must be granted under Section 482 of the BNSS.
Summary
The applicant, Shalan Arun Devkar, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in Crime No. 621 of 2026, which is registered under Section 108(3)(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that her son, Ganesh A. Devkar (Accused No.1), was involved in the alleged cruelty leading to the suicide of his wife, but the applicant was not residing with the deceased at the time of the incident and there are no specific allegations against her. The prosecution argued that the FIR names both accused, while the defence contended that there is no nexus between the applicant and the alleged offence. The court examined the FIR, found that the applicant had no direct involvement and that custodial interrogation was unnecessary. Consequently, the court granted anticipatory bail with standard conditions, ordering the applicant to furnish a bond and cooperate with the investigation.
Issues considered
- Whether anticipatory bail can be granted under Section 482 BNSS when the applicant is not prima facie implicated in the offence.
- Whether the absence of a direct nexus between the applicant and the alleged incident justifies denial of bail.
- Whether custodial interrogation of the applicant is warranted under the circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 108(3)(5)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- prima facie
- bail conditions
- domestic violence
- suicide
Judgment
1
33-ABA-475-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 475 OF 2026
Shalan Arun Devkar …...Applicant
VERSUS.
The State Of Maharashtra And Anr. …...Respondents
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Mr. Rishikesh A. Mohite, for the Applicant.
Ms. Shubhangi N. Deshmukh, APP, for Respondent Nos.1 and 2 - State.
Officer : Police Constable, S. S. Takbhate, Karmala Police Station, present.
-------
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.08.25
15:43:05
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 24th AUGUST, 2026.
P.C.
1. Heard Mr. Rishikesh A. Mohite, learned Advocate for the
Applicant, and Ms. Shubhangi N. Deshmukh, learned APP, for Respondent
Nos.1 and 2 - State.
2. By this application under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks pre-arrest
bail, apprehending arrest in connection with Crime No. 621 of 2026
registered at Karmala Police Station, Solapur Rural, for the offence
punishable under Section 108, 3(5) of the Bharatiya Nyaya Sanhita, 2023
(for short, “BNS”).
Shantanu S. Dhudum
2
33-ABA-475-2026 (CR).DOC
3. Mr. Rishikesh A. Mohite, learned Advocate for the Applicant,
submits that there are two (2) accused in Crime No.621 of 2026. The
Applicant is arraigned as Accused No.2, whereas Ganesh A. Devkar, the son
of the Applicant, is arraigned as Accused No.1.
4. The case of the prosecution is that Ganesh A. Devkar (Accused
No. 1) was married to Jyoti G. Devkar (“deceased”). The Informant
(mother of the deceased) lodged a complaint stating that on 6 th July, 2026,
she was informed that her deceased daughter had committed suicide by
hanging.
5. Mr Rishikesh A. Mohite, learned Advocate for the Applicant,
submits that there are no allegations against the Applicant in respect of the
incident dated 2nd July, 2026. He submits that the Applicant resides at Kem,
Taluka Karmala, District Solapur, whereas the deceased and Accused No.1
were residing at Baramati, where the incident of hanging took place. He
further submits that the allegations of cruelty, if any, would relate to
Accused No.1.
6. Mr. Rishikesh A. Mohite, learned Advocate for the Applicant,
states that the Applicant shall co-operate with the investigation in Crime
No. 621 of 2026 and shall appear before the Investigating Officer as and
when required.
Shantanu S. Dhudum
3
33-ABA-475-2026 (CR).DOC
7. Ms. Shubhangi N. Deshmukh, learned APP for Respondent Nos. 1
and 2 – State, submits that the F.I.R. contains allegations against the
Applicant as well as Accused No. 1. However, on instructions from the
Investigating Officer, she submits that on the date of the incident, i.e. 2 nd
July, 2026, the Applicant was not residing with the deceased and was
residing at her own place at Kem, Taluka Karmala, District Solapur.
8. Perused the record.
9. Perusal of the F.I.R. indicates that the deceased was married to
Accused No.1 in 2013. The allegations of harassment pertain to 2014. The
incident which is the subject matter of Crime No.621 of 2026 took place on
2nd July, 2026. The fact that the Applicant was not residing with the
deceased on the date of the incident is undisputed.
10. Prima facie, there are no allegations showing that the Applicant
has any nexus with the incident dated 2 nd July, 2026. The Applicant is a
woman. In the facts and circumstances of the case, her custodial
interrogation is not required.
11. In view of the above, the Application is allowed on the following
conditions:
Shantanu S. Dhudum
4
33-ABA-475-2026 (CR).DOC
ORDER
i. In the event of the arrest of the Applicant - Shalan Arun Devkar, in
the Crime No.621 of 2026 registered with Karmala Police
Station, Solpaur Rural, the Applicant shall be released on bail on
furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with two sureties in the like amount to the
satisfaction of the Investigating Officer, Karmala Police Station,
Solapur Rural.
ii. The Applicant shall appear and report to the Investigating Officer
at Karmala Police Station, Solapur Rural, on 27 th and 28th
August, 2026, from 10:00 a.m. to 12:00 noon and thereafter as
and when required by the Investigating Officer in connection
with the investigation of Crime No.621 of 2026.
iii. The Applicant shall not, directly or indirectly, make any
inducement, threat, or promise to any person acquainted with
the facts of the case to dissuade such person from disclosing the
facts to the Court or any police officer.
iv. The Applicant shall not tamper with the evidence, in any manner.
v. The Applicant shall provide the Investigating Officer with her
residential address along with proof, her contact number, email
and must inform the Investigating Officer of any changes to this
information from time to time.
12. Anticipatory Bail Application No.475 of 2026 is disposed.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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