Bombay High Court

DEEPAK MAHADEV YASHWANTversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed Off

Holding

The court held that the prima facie case does not disclose abetment of suicide or cheating, and therefore granted anticipatory bail to the applicant.

Summary

The applicant, Deepak Mahadev Yashwant, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Crime No. 08 of 2023) alleging offences under Sections 306 and 420 IPC read with Section 34. The FIR is based on a suicide note found in the deceased’s pocket, which mentions that the applicant and others had not returned a sum of money. The applicant contended that the original note was missing, only a photograph existed, and the note did not allege any act of abetment or cheating by him. The State argued that the note showed the applicant owed Rs 5,00,000 and that the deceased’s suicide was a result of being cheated. The Court examined the definition of abetment under Section 107 IPC and found no material particulars linking the applicant to the suicide or cheating, concluding that custodial interrogation was unnecessary. Consequently, the Court granted anticipatory bail with standard conditions and disposed of the application.

Issues considered

Whether the evidence, particularly the suicide note, establishes a prima facie case of abetment of suicide under Section 306 IPC against the applicant.
Whether the allegations under Section 420 IPC (cheating) and Section 34 IPC (common intention) are sufficient to justify the applicant's arrest.
Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present circumstances.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Indian Penal Code, 1860 — s. 107, 306, 34, 420

Subjects

anticipatory bail
abetment of suicide
IPC 306
IPC 420
Section 482
evidentiary insufficiency
suicide note
debt
cheating
criminal procedure

Judgment

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 487 OF 2026

Deepak Mahadev Yashwant …...Applicant
Versus.
The State Of Maharashtra And Anr. …...Respondents

----

Ms. Manisha Devkar a/w Mr. Shankar Katkar and Ms. Tanaya Doke, for
Applicant.
Ms. Mahalakshmi Ganpathy, A.P.P., for Respondent Nos.1 and 2 - State.
-------
Digitally signed
by SHANTANU
SHANTANU SHANKARSA
DHUDUM
SHANKARSA
Date:
DHUDUM 2026.10.01
18:35:39
+0530

CORAM : ASHWIN D. BHOBE, J.
DATE : 30th SEPTEMBER, 2026.
P.C.

1. Heard, Ms. Manisha Devkar, learned Advocate for the Applicant,

and Ms. Mahalakshmi Ganapathy, learned A.P.P. for Respondent Nos. 1 and

2 – State.

2. By this Application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail,

apprehending arrest in connection with Crime No. 08 of 2023 registered at

the Natepute Police Station, Taluka Malshiras, District Solapur, for offences

punishable under Sections 306 and 420 read with Section 34 of the Indian

Penal Code, 1860 (for short, “IPC”).

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3. Ms. Manisha Devkar, learned Advocate for the Applicant, states

that there are eight (8) Accused in Crime No. 08 of 2023 and that the

Applicant is Accused No. 1.

4. In brief, the prosecution case, as revealed in the FIR, is that on

4th January 2023, Dattatraya Shinde (“deceased”), father of the Informant

(Yogesh Dattatraya Shinde), was found hanging from a neem tree in a

field. The Informant's cousin found a chit in the deceased's pocket stating

that the accused persons named in Crime No. 08 of 2023 had not returned

the amount the deceased had invested with them as “Bhishi”. As a result,

the deceased committed suicide.

5. Ms. Manisha Devkar, learned Advocate for the Applicant, submits

that the original of the chit referred to by the Informant in his complaint

has not been found and that the Investigating Agency relies solely on a

photograph purportedly taken by the cousin of the Informant of the so-

called chit, which contains the suicide note. She submits that the chit

referred to by the Informant does not indicate that the Applicant was

responsible for the death of the deceased or had instigated the deceased to

commit suicide. She submits that the chit merely refers to the Applicant

and others not returning the amount of “Bhishi” paid by the deceased. She

submits that apart from the reference to the Applicant’s name in the chit,

there are absolutely no allegations against the Applicant to charge the

Applicant in Crime No. 08 of 2023. She therefore submits that the offences

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alleged against the Applicant, namely Sections 306 and 420 of the IPC, are

not attracted. She submits that the Applicant is ready to appear before the

Investigating Officer and fully cooperate with the investigation in Crime

No. 08 of 2023.

6. Ms. Mahalakshmi Ganapathy, learned A.P.P. for Respondent Nos.

1 and 2, submits that the chit refers to the Applicant owing Rs.5,00,000/-

to the deceased towards “Bhishi”. She further submits that as the deceased

felt cheated, he committed suicide.

7. Perused the record with the assistance of the learned Advocates

for the parties.

8. Apparently, Crime No. 08 of 2023 was registered based on the

suicide note contained in the chit, which the Informant has referred to in

the FIR. The suicide note names as many as eight (8) accused, who are due

and payable various amounts to the deceased.

9. Reference to the Applicant in the said chit, as relied upon and

referred to by Ms. Manisha Devkar, learned Advocate for the Applicant, is

reproduced verbatim as follows:-

“ek>s e`R;ql vkRegR;sl tckcnkj O;Drh ¼1½ fnid egknso ;’koar
ukrsiwrs ;kauh ek>h fHk’kh vrqy ckodj ;kapsdMs pkyq vlysyh mpyyh
vkf.k eyk jDde #i;s 5 yk[k 50 gtkj feG.kkj gksrh rj rh eyk fnyh
ukgh] R;keqGs eh tkLr vMp.khr vkyks vkf.k brj O;ogkjkr i.k ek>h

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Qlo.kwd d#u vkiyk Qk;nk d#u ?ksryk- dky ,d rkj[ksyk R;kiq<s
¼[kksMysys letwu ;sr ukgh½ gtkj Qdr fnys-”

10. Section 306 IPC is reproduced below for ready reference:-

“306. Abetment of suicide. - If any person commits suicide,

whoever abets the commission of such suicide, shall be

punished with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.”

11. Section 107 IPC, which defines ‘Abetment ’ reads as below:-

“107. Abetment of a thing. - A person abets the doing of a
thing, who—
First.—Instigates any person to do that thing; or

Secondly.—Engages with one or more other person or persons
in any conspiracy for the doing of that thing, if an act or illegal
omission takes place in pursuance of that conspiracy, and in order to
the doing of that thing; or

Thirdly.—Intentionally aids, by any act or illegal omission,
the doing of that thing.

Explanation 1.—A person who, by wilful misrepresentation, or by
wilful concealment of a material fact which he is bound to disclose,
voluntarily causes or procures, or attempts to cause or procure, a
thing to be done, is said to instigate the doing of that thing.

Explanation 2.—Whoever, either prior to or at the time of the
commission of an act, does anything in order to facilitate the
commission of that act, and thereby facilitates the commission
thereof, is said to aid the doing of that act.”

12. Prima facie, the suicide note lacks material particulars regarding

the nature of instigation or an engagement or intentional aid to ‘doing of a

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thing’. Again, prima facie, the Applicant having encouraged the deceased

to commit suicide or conspired with others to encourage the deceased to

commit suicide, or intentional action (or omission) to aid the deceased in

committing suicide, is lacking.

13. Considering the circumstances of the case, custodial

interrogation of the Applicant in Crime No. 08 of 2023 is not necessary.

14. In view of the above, this Application is allowed on the following

terms:

ORDER

A) In the event of arrest of the Applicant - Deepak Mahadev
Yashwant, in connection with Crime No.08 of 2023
registered with Natepute Police Station, Taluka
Malshiras, District Solapur, the Applicant shall be
released on bail on furnishing P.R. Bond in the sum of
Rs.1,00,000/- (Rupees One Lakh only) with one or two
sureties in the like amount, to the satisfaction of the
Investigating Officer, Natepute Police Station, Taluka
Malshiras, District Solapur.

B) The Applicant shall report to the Investigating Officer,
Natepute Police Station, Taluka Malshiras, District
Solapur, investigating Crime No.08 of 2023, on 5 th, 6th,
7th, and 8th October, 2026 from 10:00 a.m. to 1:00 p.m.,
and thereafter as and when required by the Investigating

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Officer. The Applicant shall co-operate with the
investigation.

C) The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person/s
acquainted with the facts of the case to dissuade such
person/s from disclosing the facts to the Court or any
police officer.

D) The Applicant shall not tamper with the evidence and
shall not influence the witnesses, in any manner.

E) The Applicant shall provide the Investigating Officer
with his residential address along with proof, his contact
number and must inform the Investigating Officer of any
changes to this information from time to time.

15. The observations made in this order are prima facie confined to

the case of the Applicant for deciding the Bail Application and will not

affect the trial.

16. Anticipatory Bail Application No.487 of 2026 is disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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