Bombay High Court

SUBHASH SHRIMANT HONMUKHEversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

Bail was granted to the applicant under Section 483 BNSS, subject to prescribed conditions.

Summary

The applicant, Subhash Shrimant Honmukhe, was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for the death of Sagar Ingole, who allegedly had an extramarital affair with the applicant's wife. The prosecution alleged that the applicant and his brother assaulted the deceased, leading to his death, and the trial court had previously denied bail. The applicant argued that the incident was a spontaneous reaction, not premeditated, and that he had no prior criminal record, while his brother had already been released on bail. The court examined the FIR, noting the lack of evidence of premeditation and the circumstances of a spur‑of‑the‑moment assault, and concluded that continued incarceration was not warranted. Accordingly, the court granted bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to a bond of Rs. 50,000 and several conditions, including non‑interference with evidence and regular appearance before the trial court.

Issues considered

What is the applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail in a murder case?
Whether the alleged assault was premeditated, thereby justifying denial of bail.
Whether the applicant poses a flight risk or threat to the investigation warranting continued detention.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)

Subjects

bail
criminal procedure
murder
extramarital affair
Section 483 BNSS
Bharatiya Nyaya Sanhita
premeditation
conditions of bail

Judgment

9-BA-847-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 847 OF 2026

Subhash Shrimant Honmukhe … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents

-----
Mr. Ritesh M. Thobde a/w. Mr. Changdev Shingade i/b. Mr. Mervin Bardeskar
for the Applicant.
Mr. Nitin B. Patil, A.P.P. for the Respondent-State.
Officer : PN/202 Mr. Dudhal, Mangalvedha Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 8th September 2026.

PER COURT :

1. Heard, Mr. Ritesh Thobde, learned Advocate for the Applicant and Mr.

Nitin Patil, learned APP for the Respondents - State.

2. By this Application under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (BNSS), the Applicant seeks regular bail in

connection with Crime No. 0317/2025, dated 26th April 2025, registered with

Mangalvedha Police Station, District Solapur Rural, for offences punishable

under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

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3. Mr. Ritesh Thobde, learned Advocate for the Applicant, submits that

Crime No. 0317/2025 is registered as Sessions Case No. 80 of 2025 and is

pending before the Additional Sessions Judge, Pandharpur “Trial Court”).

He states that there are two (2) accused in the present crime. The Applicant

is Accused No. 1, while his brother, Sanjay Shrimat Honmukhe, is Accused

No. 2.

4. The prosecution's case rests on a complaint lodged by Manohar Ingole

(Informant), the father of Sagar Ingole (“deceased”), alleging that Savita

Honmukhe (the wife of the Applicant) had an extramarital affair with the

deceased. Said affair came to the notice of the Applicant. On 26 th April

2025, the deceased was found dead near the house of the accused.

5. The Applicant was arrested on 26 th April 2025. His Bail Application at

Exhibit 22 in Sessions Case No. 80/2025 was rejected by the Trial Court on

6th July 2026.

6. Mr. Ritesh Thobde, learned Advocate for the Applicant, submits that on

25th April 2025, the deceased came to the Applicant's house and attempted to

contact Savita Honmukhe. Upon being noticed, deceased attempted to

escape, was caught and thereafter the alleged incident occurred. He submits

that the incident occurred on the spur of the moment, against the backdrop

of the deceased's checkered extra-marital affair with Savita Honmukhe. He

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submits that the assault is not a premeditated act, much less an assault with

an intention to kill. He submits that the Applicant has no criminal

antecedents. He submits that Subhash Honmukhe (Accused No. 2) has been

released on bail by the Sessions Court.

7. Mr. Nitin Patil, learned APP for the Respondents - State, submits that

the Applicant (Accused No. 1) and Subhash Honmukhe (Accused No. 2)

assaulted the deceased, resulting in his death. He submits that even assuming

the deceased had an extramarital affair with Savita Honmukhe (wife of the

Applicant) and even if he tried to establish contact with her, that did not give

the accused licence to assault the deceased in such a manner, resulting in

death. He further submits that the stick used in the assault was recovered at

the instance of the Applicant.

8. Perused the record.

9. The allegations in the FIR itself indicate that the Informant has referred

to the deceased having an extramarital affair with Savita Honmukhe (wife of

the Applicant), resulting in discord with the Applicant. The Informant further

stated that mediators resolved the dispute between Savita Honmukhe and the

Applicant after instructing the deceased not to continue the affair with Savita

Honmukhe. Despite this, on 26th April 2026, the deceased was apparently

found at Savita Honmukhe's place and upon being caught, the incident

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referred to in the F.I.R. occurred. Against the background of a history of an

extramarital affair, the alleged assault at the hands of the husband of Savita

Honmukhe, prima facie, appears to have occurred at the spur of the

moment. There is no premeditated act, at least not referred to or alleged

against the accused in the F.I.R.

10. Accused No. 2, who allegedly assisted the Applicant in assaulting the

deceased, was released on bail by the Sessions Court vide order dated 27 th

January 2026, Exh. 3, in Special Case No. 80 of 2025.

11. Considering the nature of the allegations, the circumstances against the

Applicant and the submissions of Mr. Ritesh Thobde, learned Advocate for the

Applicant, further incarceration of the Applicant pending the trial of Sessions

Case No. 80 of 2025 is not warranted.

12. This Application is therefore allowed on the following conditions:

(a) The Applicant-Subhash Shrimant Honmukhe, in Crime No.
0317/2025, registered on 26th April 2025 at Mangalvedha Police
Station, District Solapur Rural, shall be released on bail upon
furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand
only) with one or two sureties in the like amount, to the
satisfaction of the Additional Sessions Judge, Pandharpur,
District Solapur, in Special Case No. 80 of 2025.

(b) The Applicant shall not directly or indirectly make any

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inducement, threat or promise to any person/s acquainted with
the facts of the case to dissuade such person/s from disclosing
the facts to the Court or any police officer. Applicant shall not
tamper with evidence.

(c) The Applicant shall provide the Investigating Officer with his
residential address along with proof, his contact number/s and
must inform the Investigating Officer in Crime No. 0317/2025
of any changes to this information from time to time.

(d) The Applicant shall regularly appear in Sessions Case No. 80 of
2025 pending before the Trial Court, unless specifically
exempted. If the Applicant fails to appear before the Trial Court
on the date fixed, the same would be considered a breach of
condition and the Trial Court, would be at liberty to pass
appropriate orders

13. The observations made in this order are prima facie and meant for

the purpose of deciding the Bail Application and would not have any

impact or effect on the trial.

14. The Criminal Bail Application No. 847 of 2026 is disposed.

[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.09.09
16:33:14 +0530

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