Bombay High Court
GORAKSH @ GORAKH SAMBHAJI SONAWANEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the accused subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in a case where the accused, Goraksh Sonawane, is alleged to have harassed his wife, who subsequently committed suicide. The prosecution’s case relied primarily on three post‑incident statements alleging mental and physical harassment, with no other corroborative material such as neighbor testimonies. The court noted the absence of any prior recorded incidents of abuse during the six‑year marriage and found the evidence insufficient to establish a prima facie case of culpability. Consequently, the judge granted bail, imposing a cash bond, surety, reporting requirements, and strict conditions to prevent tampering with evidence or witnesses. The order expressly limited its observations to bail considerations, reserving judgment on the merits for trial.
Issues considered
- What is the applicability of Section 483 BNSS, 2023 for granting bail in a suicide‑related homicide case?
- Whether the prosecution’s evidence establishes a prima facie case sufficient to deny bail?
- Whether the accused’s alleged prior conduct and financial status affect bail eligibility?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 115(2), 3(5), 351(2), 352, 80
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
Subjects
- bail
- suicide
- domestic harassment
- Section 483 BNSS
- Bharatiya Nyaya Sanhita
- criminal procedure
- prima facie evidence
- court conditions
Judgment
16. BA 3652-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3652 OF 2026
Goraksh alias Gorakh Sambhaji Sonawane .Applicant
Vs.
The State of Maharashtra .Respondent
Digitally
signed by
ANAND
ANAND SUDHAKAR
SUDHAKAR SUDAME
Mr. A. P. Mundargi, Senior Advocate a/w. Mr. Om Latpate & Mr. Kalpesh
SUDAME Date:
2026.09.29
20:30:04
Adhav, for the Applicant
+0530
Ms. Shilpa G. Talhar, APP, for the Respondent – State
Mr. V. V. Dhurve, API, Chandan Nagar Police Station, Pune present
CORAM : MILIND N. JADHAV, J.
DATE : 29.09.2026
P. C.
1. Heard Mr. Mundargi, learned Senior Counsel for the Applicant
and Ms. Talhar, learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No. 266 of 2026 registered with Chandan Nagar Police Station,
Pune for offences punishable under Sections 80, 108, 352, 351(2),
115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short
“BNS”).
3. The Applicant is arraigned as Accused No.1. He is the husband of
the deceased victim. They both were married for the past six years
Anand 1 of 5
16. BA 3652-2026.doc
prior to the date of the incident which occurred on 02.06.2026. They
have two and half years old daughter together. According to the
prosecution case, the Applicant had a verbal altercation with his wife
on the date of the incident at 4.00 p. m. and left the house along with
the daughter and they go to the hotel and on his return back, he found
that the door of the flat was locked from inside. A key maker was
called and the door was forcibly opened. Upon which, it was found that
the wife had hung herself and committed suicide. The case of the
prosecution is based on three specific statements of the mother, father
and one relative of the deceased victim. I have perused all the three
statements. Prima facie, the three statements border on the allegation
that the victim had faced physical harassment as well as verbal
demands from the Applicant intermittently for getting money and
therefore, she took the extreme step of ending her life. Save and
except, the aforesaid three statements, there is no other material
investigated by the prosecution to rely upon the theory that the
Applicant was directly or indirectly instrumental in pushing the
deceased victim to take the extreme step. The parties were staying in a
Co-operative Housing Society on the second floor. The prosecution has
not recorded any statement of the neighbors in the said Society in
order to throw light upon the demeanor of the Applicant and his stated
Anand 2 of 5
16. BA 3652-2026.doc
relationship with his wife. Though it is alleged in the three statements
that the Applicant immediately started harassing the victim mentally
and physically for various reasons and made astronomical demands,
the same has been stated only after the incident has occurred.
4. In that view of the matter and in view of the fact that in the
intervening period from the date of their marriage in 2020, there is no
specific incident or instance recorded with regard to any harassment
meted out to the victim, I am inclined to accept the case of the
Applicant for grant of bail. Needless to state that the complicity of the
Applicant in the crime will undoubtedly be proved at trial by the
prosecution. The Applicant has placed before the Court substantial
material with regard to his financial status which is also taken on
record and considered for the purpose of allowing this Application.
5. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Goraksh alias Gorakh Sambhaji Sonawane is
directed to be immediately released from prison in
connection with CR. No. 266 of 2026;
(ii) Applicant is directed to be released on bail on furnishing
Anand 3 of 5
16. BA 3652-2026.doc
P. R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand
only) with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Chandan Nagar Police Station, Pune, 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
Anand 4 of 5
16. BA 3652-2026.doc
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
6. 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.
7. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 5 of 5
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