Bombay High Court

RAJU HANMANT CHALWADE ALIAS RAJKUMAR KODHBAGIversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Allowed
Bench: NITIN B SURYAWANSHI

Holding

The court allowed the anticipatory bail applications, granting bail on personal bond with conditions.

Summary

The applicants, Priyanka Anand Chalwadi and Raju Hanmant Chalwade, sought anticipatory bail fearing arrest in a case (CR No. 347 of 2025) concerning the suicide of Mallavva Chalwadi, alleged to be caused by ill‑treatment from her in‑laws. The prosecution alleged offences under Sections 80, 85, 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The applicants are the sister‑in‑law and brother‑in‑law of the deceased and were residing separately from her and her husband, who were already in custody. The court observed that, since the charge‑sheet had been filed and custodial interrogation was not necessary, there was no justification to deny bail. Consequently, the court granted anticipatory bail, directing the applicants to execute a personal bond of Rs. 15,000 each with a surety of equal amount and to comply with conditions not to tamper with evidence and to attend trial regularly.

Issues considered

Whether anticipatory bail should be granted to the applicants under the Bhartiya Nyaya Sanhita, 2023 in view of the facts and the filing of the charge‑sheet
Whether custodial interrogation is necessary for the applicants

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 108, 3(5), 80, 85

Subjects

anticipatory bail
Bhartiya Nyaya Sanhita
domestic violence
suicide
criminal procedure
personal bond
custodial interrogation

Judgment

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38-ABA-94-2026 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 94 OF 2026

Priyanka Anand Chalwadi
Alias Priyanka Harijan ....Applicant
VERSUS
The State of Maharashtra And Anr ....Respondents

AND
CR. ANTICIPATORY BAIL APPLN. NO. 95 OF 2026
Raju Hanmant Chalwade
Alias Rajkumar Kodhbagi ....Applicant
VERSUS
The State of Maharashtra And Another ....Respondent

Mr. Pratik G. Tare i/b Mr. S. Y. Mane, Advocate for Applicant
Mr. S. S. Chaudhari APP for the State in ABA 94/2026
Mr. Vikas Mali, APP for the State in ABA 95/2026

CORAM : NITIN B. SURYAWANSHI, J.
DATE : 17th FEBRUARY 2026.
P.C.

1. Applicants apprehend arrest in C.R. No. 347 of 2025

registered with Shivajinagar Police Station for offences punishable

under Sections 80, 85, 108 and 3(5) of Bhartiya Nyaya Sanhita, 2023.

2. Prosecution case in short is that, Shivappa Chalwadi lodged

F.I.R. stating that his younger daughter namely Mallavva Chalwadi

was married with Dilip Chalwadi, resident of Shirdhon, Taluka Shirol,

District: Kolhapur. He is presently residing at Radhakrishna Chowk,

Ichalkaranji, District: Kolhapur. The in-laws of his daughter were

working on construction site. Initially for four months, Mallavva was
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38-ABA-94-2026 (CR).DOC

treated well, thereafter, her brother-in-law assaulted her. Thereafter,

her in-laws started ill-treating her for petty reasons. Mallavva

being fed up with the ill-treatment, committed suicide by hanging.

Hence, the in-laws are responsible for her suicide.

3. Heard learned advocate for the applicants, learned APP for

the State and perused the record.

4. The applicants are sister-in-law and brother-in-law of the

deceased. It appears that they were residing separately from the

deceased. The charge-sheet in the present crime is filed on 10 th July

2025 and the case is numbered as Sessions Case No. 38 of 2025. The

husband as well as father-in-law of the deceased are already arrested

and they are still in jail.

5. Taking into consideration the fact that the applicants were

staying separately from the deceased and her husband and since the

charge-sheet is filed, their custodial interrogation is not necessary in

the present case.

6. Hence, the application is allowed.

7. In the event of arrest, the applicants Priyanka Anand

Chalwadi Alias Priyanka Harijan and Raju Hanmant Chalwade Alias

Rajkumar Kodhbagi be released on bail in connection with C.R. No.

347 of 2025 registered with Shivajinagar Police Station for offences

punishable under Sections 80, 85, 108 and 3(5) of Bhartiya Nyaya

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38-ABA-94-2026 (CR).DOC

Sanhita, 2023 on executing Personal Bond in the sum of Rs. 15,000/-

each with one surety in the like amount.

8. The applicants shall not tamper the prosecution evidence

and shall regularly attend the trial.

(NITIN B. SURYAWANSHI, J.)

IRESH
Digitally signed by
IRESH MASHAL

MASHAL Date: 2026.02.18
18:00:25 +0530

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