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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

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


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                                                      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


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                                                        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




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                                                     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

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                 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.)




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