Bombay High Court
ANIL MANOHAR TAMBUTKARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The applicant, Anil Manohar Tambutkar, was charged under Section 302 of the Indian Penal Code for the murder of his wife, with the incident occurring on 1 November 2022. He had been incarcerated for three years and nine months before the charge was framed, and the prosecution intended to examine 47 witnesses. The applicant claimed that his wife had attempted to give him rat poison and that the incident stemmed from marital infidelity, asserting these as defenses. The court examined the prima facie facts, the length of pre‑trial detention, and the likelihood of a protracted trial, and concluded that bail was appropriate despite the seriousness of the offence. Accordingly, the court granted bail subject to a cash bond of Rs.25,000, surety requirements, residence disclosure, regular court attendance, and other conditions, with a warning that violation could lead to cancellation under Section 492 of the BNSS.
Issues considered
- Whether bail can be granted in a murder case under Section 302 IPC given the nature of the offence and the evidence.
- Whether the prolonged pre‑trial incarceration and anticipated trial delay justify the grant of bail.
- Whether the applicant's defenses of alleged attempted poisoning and marital infidelity affect the bail decision.
- Whether Section 492 of the BNSS applies for cancellation of bail upon breach of conditions.
Legislation cited
- Indian Penal Code, 1860 — s. 302
Subjects
- bail
- murder
- Section 302 IPC
- pre‑trial detention
- Section 492 BNSS
- self‑defence claim
- rat poison defense
- court conditions
Judgment
BA.3222.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3222 OF 2026
Anil Manohar Tambutkar .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Shushant J. Tayade a/w. Mr. Sujit Padvi and Mr. Akshay Ade
i/b. Mr. Sushant J. Tayade and Associates Advocates for Applicant.
Ms. Rajeshree V. Newton, APP for Respondent – State.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 19, 2026.
P.C.:
1. Heard Mr. Tayade, learned Advocate for Applicant and Ms.
Newton, learned APP for Respondent – State.
2. Applicant seeks bail in crime registered against him at
Yerwada Police Station, Pune in Crime No.513 of 2022 for committing
murder of his wife and therefore charged under offence punishable
under Section 302 of Indian Penal Code, 1860. He was arrested on
15.11.2022 and is incarcerated for 3 years and 9 months. Chargesheet
is filed and charge is framed recently. Prosecution proposes to examine
47 witnesses.
3. Present Application is heard on merits. First Informant is the
son of Applicant. Date of incident is 01.11.2022. Case of prosecution
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after investigation stems from the fact that Applicant and his wife had
frequent quarrels due to Applicant suspecting infidelity. The incident is
preceded by quarrel between Applicant and his wife and in a fit of rage
Applicant has stabbed his wife (deceased). There is no eyewitness to
the incident but a crowd gathered at the site of incident. Applicant did
not run away since he himself was injured. The weapon was a kitchen
knife which was recovered. The Applicant being injured was arrested
and thereafter admitted to hospital for treatment for 2 weeks. This fact
is not disputed. The Applicant was injured on his left leg and it was
bleeding profusely. Statement of neighbors have been recorded by
prosecution. They unanimously all point out to the fact that prior to
incident been discovered for quite sometime they heard the Applicant
and his wife quarreling for some time loudly.
4. Applicant has taken defense that his deceased wife
attempted to give him rat poison which was infact taken by him and
due to which he had to spend 2 week in hospital after date of incident.
Second defense is about the issue of infidelity.
5. Considering the above prima facie facts borne out of the
record and the prolonged incarceration of Applicant, the trial will take
a long time and therefore even otherwise on merits Applicant has
made out a case for grant of bail.
6. Hence, Bail Application is allowed subject to the following
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terms and conditions:-
(i) Applicant is directed to be released on bail on
furnishing P.R. Bond in the sum of Rs.25,000/- with one or
two sureties in the like amount;
(ii) Applicant is permitted to furnish provisional cash bail of
Rs.25,000/- for his release immediately and file undertaking
that he will provide one or two sureties in the like amount of
Rs.25,000/- within a period of four weeks after his release
which shall be accepted by the Trial Court. Applicant shall
provide surety as directed;
(iii) Before his actual release from jail, Applicant shall
furnish his address where he proposes to reside after his
release from jail to the concerned Police Station and also to
the trial Court;
(iv) After his release from jail, Applicant shall report to the
Investigating Officer as and when called for;
(v) Applicant shall attend the trial Court on first Tuesday of
every month between 11.00 a.m. and 1.00 p.m. to mark his
presence. If the first Tuesday of the said month falls on a
holiday and / or non Court working day, the Applicant shall
mark presence on the next working day;
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(vi) Applicant shall co-operate with the conduct of trial and
attend the trial Court on all dates unless specifically
exempted and will not take any unnecessary adjournments,
if he does so, it will entitle the prosecution to apply for
cancellation of this order;
(vii) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(viii) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner; and
(ix) In case of any infraction of the above conditions and /
or two consecutive defaults in marking his attendance
before trial Court, it shall attract the provisions of Section
492 of BNSS i.e. for cancellation of bail.
7. Bail Application is allowed and disposed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
RAVINDRA by RAVINDRA
MOHAN
MOHAN AMBERKAR
AMBERKAR Date: 2026.08.19
11:43:58 +0530
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