Bombay High Court

ANAND BANSHIDHARAO DESHMUKHversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED
Bench: R M JOSHI

Holding

The court held that the applicant did not abet the suicide and granted anticipatory bail.

Summary

The applicant sought anticipatory bail fearing arrest in a case registered under Section 108 of the Bharatiya Nyaya Sanhita, 2023, alleging abetment of suicide. The FIR alleged that the applicant received Rs.22 lakh for a property transaction in 2012 but failed to transfer the property, leading the deceased to commit suicide and leave a note. The applicant argued that even if the facts were true, they amounted only to a civil dispute and did not constitute abetment of suicide. The respondent highlighted the suicide note and witness statements about the non‑transfer of property. The court held that the alleged conduct, even if proven, did not show the requisite intention to drive the deceased to suicide and thus did not attract Section 108, granting anticipatory bail with conditions. The order directed the applicant to furnish a bond, attend police as required, and refrain from contacting witnesses or tampering with evidence.

Issues considered

Whether the applicant's failure to transfer immovable property amounts to abetment of suicide under Section 108 of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 108

Subjects

anticipatory bail
abetment of suicide
property dispute
Section 108
Bharatiya Nyaya Sanhita

Judgment

2026:BHC-AUG:27462
931-ABA-661-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 661 OF 2026

Anand Banshidharao Deshmukh
VERSUS
The State Of Maharashtra And Another
...
Mr. V. P. Patil, Advocate for Applicant
Mr. A. V. Lavate, APP for Respondents
...

CORAM : R.M. JOSHI, J
DATE : JULY 10, 2026

P. C. :

1. Applicant apprehends arrest in connection with C.R. No.

143/2026 registered with Police Station Parbhani Rural, District Parbhani

for the offences punishable under Sections 108 of the Bharatiya Nyaya

Sanhita, 2023.

2. The first information report indicates that there was transaction

of purchase of immovable property in the year 2012 and in connection with

the same, sum of Rs.22 lakhs was paid by deceased to Applicant. Applicant

in turn has agreed to transfer the said property in the name of deceased.

Since in spite of acceptance of money, property is not transferred, prior to

one month of commission of suicide deceased was not in proper mental

state. He left a chit behind him wherein it is stated that since the property

has not been transferred into his name, he is committing suicide.

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931-ABA-661-2026.odt

3. Learned Counsel for the Applicant submits that even if the

statements in the FIR and chit left behind of the deceased are accepted to be

true, they fell short of any abetment on the part of the Applicant to made

deceased to commit suicide. It is his submission that in any case at the most

the said allegations would be considered as civil dispute between the parties

but by no stretch of imagination, the offence of suicide cannot be attributed

to Applicant.

4. Learned APP opposed application by drawing attention of the

Court to chit left behind by the deceased so also statements of witnesses that

in spite of receipt of money, Applicant has not transferred money in his

name.

5. Even if it is accepted that there was disputes between the

deceased and the Applicant over the transaction in respect of immovable

property and that in spite of agreeing to transfer property in the name of

deceased, he did not do so, question arises whether this amounts to

abetment of suicide. Firstly, transaction in question is of year 2012.

Secondly, even if it is accepted that the Applicant has not transferred the

property in the name of deceased, to attribute the intention of the Applicant

behind the same to drive deceased to commit suicide is remote. Hence,

liberty of the Applicant deserves to be protected. Hence, the order:

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931-ABA-661-2026.odt

ORDER

(i) In the event of arrest the Applicant in connection with C.R.
No. 143/2026 registered with Police Station Parbhani Rural,
District Parbhani for the offences punishable under Sections
108 of the Bharatiya Nyaya Sanhita, 2023, he shall be
released on bail on furnishing PR bond of Rs. 15,000 (Rupees
Fifteen Thousand Only) with one surety in the like amount.

(ii) He shall attend the concerned police station as and when
required.

(iii) He shall not contact the witnesses directly or indirectly.

(iv) He shall not interfere with the evidence in any manner
whatsoever.

(v) He is further directed to cooperate the investigating agency
for further investigation.

(R. M. JOSHI, J.)
Malani

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