MANISHA SAYAJI DHAVALEversusTHE STATE OF MAHARASHTRA AND ANR.

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION

      CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 491 OF 2026

Manisha Sayaji Dhavale                          … Applicant
             Versus.
The State of Maharashtra & Anr.                 … Respondents

                                -------
Mr. Abhishek Nandimath i/by Mr. Vijay Bendgule for the
Applicant.
Dr. A. A. Takalkar, APP for the State.
G. K. Kshirsagar, Police Constable, Tembhurni Police
Station, is present.

                                -------
                               CORAM      : ASHWIN D. BHOBE, J.

                               DATED      : SEPTEMBER 21, 2026
P.C.:


1.      Heard, Mr. Abhishek Nandimath, learned Advocate for the

Applicant and Dr. A. A. Takalkar, learned APP for the 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 Crime No. 401 of 2026 registered at Tembhurni

Police Station for offences punishable under Sections 108, 115(2),

351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.


3.      Mr. Abhishek Nandimath, learned Advocate for the Applicant,

states that there are three (3) accused in the present crime, Applicant



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being Accused No. 3.


4.    The prosecution case is that Dattatraya Shinde (deceased) i.e. the

father of the Informant, had a business with Accused No. 2 (Sheetal

Waghmode). A dispute arose regarding the amount payable by Accused

No. 2 to the deceased. In view of the said dispute, Accused No. 2, along

with the Applicant (Accused No. 3) and Sudhakar Bansode (Accused

No. 1), started harassing and threatening the deceased. The deceased

succumbed to the pressure tactics and committed suicide. A suicide note

was left by the deceased.


5.    Mr. Abhishek Nandimath, learned Advocate for the Applicant,

submits that the allegations against the Applicant in the suicide note are

that the Applicant failed to do justice to the deceased. He submits that

there are no overt acts of harassment or instigation against the

Applicant. He submits that the allegations of instigation would be

against the other accused in the crime.


6.    Dr. A. A. Takalkar, learned APP for the State, submits that the

dispute appears to have arisen due to the non-payment of the amount

due and payable by Accused No. 2 to the deceased. She further submits

that the deceased named the Applicant in the suicide note, alleging that

the Applicant did not do justice to the deceased.


7.    Perused the records.




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8.       The suicide note of the deceased is referred to in the FIR dated 7 th

June 2026. The suicide note indicates that the deceased had made a

grievance against the Applicant for having done injustice. Prima facie,

there is no material on record to indicate instigation or incitement on

the part of the Applicant, nor is there any material against the Applicant

to link the act of suicide.


9.       Mr. Abhishek Nandimath, learned Advocate for the Applicant, has

produced the Applicant’s medical records, which indicate that the

Applicant suffers from “1. Mild Hepatomegaly with grade-I fatty

changes; 2. Changes of cystitis with UTI; 3. Bulky, glabular uterus with

inhomogeneous        myometrial     echotexture   likely    s/o     changes       of

adenomyosis; mildly thickened endometrium”, as suggested in the

Ultrasonography of Abdomen and Pelvis report dated 22 nd August 2026

of the Mediscan Imaging and Fetal Medicine Centre Private Limited.


10.      The   Applicant   is   a   woman.    Considering     the     facts    and

circumstances, as well as the nature of the allegations against the

Applicant, the custodial interrogation of the Applicant is not necessary

in Crime No. 401 of 2026.


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

terms:


      (i)      In the event of arrest of the Applicant in Crime No. 401 of




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      2026, registered at Tembhurni Police Station for the offences

      punishable under Sections 108, 115(2), 351(2), 3(5) of the

      Bharatiya Nyaya Sanhita, 2023, the Applicant shall be released on

      bail upon furnishing a PR 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, Tembhurni

      Police Station.


      (ii)    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.


      (iii)   The Applicant shall provide the Investigation Officer,

      Tembhurni Police Station, with her residential address along with

      proof, his contact number and must inform the Investigating

      Officer of any changes to this information from time to time.


      (iv) The Applicant shall report to the Investigating Officer at

      Tembhurni Police Station, Solapur, on 23 rd and 24th September

      2026, from 10:00 A.M. to 1:00 P.M. and thereafter as and when

      required by the Investigating Officer. The Applicant shall

      cooperate with the Investigation Officer in the investigation of

      Crime No. 401 of 2026.




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                    12.   The observations in this order are made for the purpose of

                    deciding this Application and would not have any impact on trial.


                    13.   Anticipatory Bail Application No. 491 of 2026 is allowed and

                    disposed of.




                                                              (ASHWIN D. BHOBE, J.)
       Digitally
       signed by
       VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
       2026.09.21
       20:56:00
       +0530




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