Bombay High Court
SHIVDAS TUKARAM GITEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail was granted to the accused on medical grounds subject to strict conditions.
Summary
The applicant, Shivdas Tukaram Gite, a court stenographer, was charged under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing his wife with a house scissor during a heated argument on 22 January 2025. He voluntarily surrendered to the police and has been in custody for over 20 months. The applicant suffers from schizophrenia, with medical reports confirming his chronic condition and ongoing treatment. The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, raising the question of whether bail should be granted on medical grounds despite the seriousness of the offence. The court noted the lack of pre‑meditation, the spur‑of‑the‑moment nature of the act, and the applicant's prolonged detention and mental illness, and therefore granted bail subject to stringent conditions. The order expressly limited its observations to bail and left the trial to determine guilt on the merits.
Issues considered
- Whether bail can be granted to an accused of murder under Section 103(1) on the basis of mental illness and prolonged pre‑trial detention
- Whether the circumstances of a sudden, unpremeditated act justify bail despite the gravity of the offence
- Whether the conditions imposed are appropriate to safeguard the trial process
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- bail
- murder
- mental illness
- schizophrenia
- pre‑trial detention
- Section 483
- Section 103(1)
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
Judgment
66.BA.2696.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2696 OF 2026
Shivdas Tukaram Gite .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Vipin Bidkar, Advocate for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 09, 2026
P.C.:
1. Heard Mr. Bidkar, learned Advocate for Applicant and Mr.
Karmakar, learned APP for Respondent.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking bail in connection with C.R.
No.40 of 2025 registered with Kharadi Police Station thereafter
transferred to Chandannagar Police Station for offences punishable
under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.
3. Applicant was working as a Stenographer in the District
Court in Shivajinagar Civil Court in Pune. He had also given an
examination, but was unsuccessful, pursuant to which he was
dismissed, but then again reinstated by this Court. Because of this
result, he used to be chided time and again for his studies by his wife
so that he could be successful at the promotion examination.
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4. On the fateful day i.e. 22.01.2025 due to certain squabble
and skirmish with his wife, Applicant picked up a house scissor and
inflicted a fatal blow on her neck while having discussion with the
family of the deceased victim's sister and her husband. Prima facie, the
incident occurred at the spur of the moment in view of the argument
which ensued between the victim and Applicant. Applicant alongwith
the family members rushed the victim to the hospital for treatment and
he himself alongwith his 5 years old son walked into the police station
for surrendering himself and informed the police that in a fit of rage,
due to the ensuing argument, he had inflicted a fatal blow with the
scissor on the neck of his wife and the wife was admitted to the
hospital.
5. The record placed before me prima facie shows that
Applicant is having a medical ailment of schizophrenia and the various
hospital reports of his treatment are placed on record and are also part
of the prosecution case. Applicant was arrested immediately and has
been in incarceration for the past 20 months. Applicant requires
treatment and at present in the jail, he is administered two tablets. The
parents of Applicant have filed Affidavit stating that on his release
from jail, they shall be taking care of him and he shall be staying with
them and a statement will be undertaken by them.
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6. Prima facie, it is seen that there is no premeditation for the
crime, nor is there any clear motive or conspiracy between the victim
and the entire incident as documented by the various eyewitnesses
who were also present shows that the argument led to a sudden fit of
rage and even the son of Applicant and the victim has narrated the
incident stating that the argument led to immense anger on the part of
Applicant against his mother which led to the unfortunate incident in
question.
7. Considering the aforesaid and the fact that Applicant is in
custody for the past more than 20 months and considering his severe
chronic brain disorder for which Applicant is under treatment from the
year 2021 onwards, I am inclined to consider the Applicant's case for
grant of bail on the medical ground.
8. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Shivdas Tukaram Gite is directed to be
immediately released from prison in connection with
CR. No.40 of 2025;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen
Thousand only) with one or two sureties in the like
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amount;
(iii) Applicant shall report to the Investigating Officer at
concerned Police Station, once every month, on the first
Monday of the month between 10:00 a.m. to 12:00
p.m. until commencement of trial and thereafter shall
attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
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(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
9. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
10. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.10.10
10:26:48 +0530
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