ADWAIT VIVEK GATNEversusSTATE OF MAHARASHTRA

                                                       17.ABA-1567.26.DOC




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
           ANTICIPATORY BAIL APPLICATION NO.1567 OF 2026

Raju Bhimrao Baravkar                                 … Applicant
V/s.
State of Maharashtra                                  …. Respondent

                               WITH
               INTERIM APPLICATION NO.2129 OF 2026
                                IN
           ANTICIPATORY BAIL APPLICATION NO.1567 OF 2026

Adwait Vivek Gatne                                    … Applicant
V/s.
State of Maharashtra                                  …. Respondent

                         ______________________
Mr. Nitin Gaware Patil a/w Mr. Harsh Rathod and Mr. Pushkar
Nikam, for the Applicant.
Mr. Prashant P. Jadhav, APP for the Respondent-State.
Mr. Ghanasham Jadhav, for the Intervenor.
Mr. Rupesh V. Kadam, PSI attached to Daund Police Station, Pune
Gramin present.
                       ______________________


                             CORAM : MADHAV J. JAMDAR, J.
                             DATED : 7 SEPTEMBER 2026
P. C. :-

1.         Heard Mr. Patil, learned Counsel appearing for the Applicant,

Mr. Ghanasham Jadhav, learned counsel appearing for the

Intervenor and Mr. Prashant P. Jadhav, learned APP appearing for

the Respondent-State.




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2.    By this application filed under Section 482 of Bharatiya

Nagarik Suraksha Sanhita, 2023 the Applicant is seeking pre-arrest

bail in connection with C.R. No.298 of 2026 registered with Daund

Police Station, Pune Rural under the offences punishable under

Sections 108, 351(2) and 352 read with 3(5) of the Bhartiya

Nyaya Sanhita, 2023.



3.    The prosecution case is set out in paragraph nos.2 and 3 of

order dated 10 June 2026 passed by learned Additional Session

Judge, Baramati, District-Pune in Criminal Bail Application No.

348 of 2026 which read as follows :-

      “2]    Brief facts of the prosecution case are:-

              The informant Advait Vivek Gatane has filed report
      against the accused/applicant and other accused persons alleging
      that, on 11/05/2026 at about 07:00 am his mother phone called
      him and said that, his father has committed suicide by hanging
      himself in their house. So, the informant has immediately came to
      Daund. In the mean time, dead body of his father was taken to
      Sub-District Hospital, Daund. Intimation of suicidal death was
      given by his cousin Swanand Sudhir Gatane to Daund Police
      Station. On the basis of his report, ADR No.65/2026 came to be
      registered U/Sec.194 of Bharatiya Nagarik Suraksha Sanhita,
      2023. During inquiry of accidental death, police prepared spot
      panchanama. At that time, they found two notebooks wherein the
      father of the informant has made entries of his financial
      transactions with accused persons and other persons from
      04/01/2026 to 10/05/2026. In the said notebook, his father has
      also mentioned that the persons mentioned in the notebook have
      taken money and valuable things from him. But, failed to return




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      back and cheated him. Therefore, he has sustained financial loss
      and had suffered from mental agony. So, he has committed
      suicide. So, on the basis of contents in both notebooks, the
      informant has filed report against accused persons including the
      accused/applicant.

      3]       On the basis of his report, crime vide C.R.No. 298/2026
      for the offences punishable U/Secs.108, 351(2), 352 and 3(5) of
      BNS, came to be registered at Daund Police Station, Tal.Daund,
      Dist.Pune. The accused/applicant having apprehension of his
      arrest, has filed this application vide Section. 482 of B.N.S.S.”



4.    It is the submission of learned counsel appearing for the

Applicant that as far as the Applicant is concerned, even as per the

prosecution case, it is alleged that the Applicant and 3 others,

about six days before the date of the incident, have given threats to

the deceased. Learned Counsel submitted that these actions

attributed to the Applicant are not in close proximity of the

commission of suicide by the deceased.

5.    On the other hand, learned counsel appearing for the first

informant and learned APP pointed out the suicide note and

submitted that in the note dated 4 January 2026, there is a

reference to the Applicant as the Applicant was blackmailing the

deceased. It is further submitted that on 8 May 2026 also, the

deceased has stated in the suicide note about threats given by the

Applicant and others about 5-6 days earlier and the same noting is




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of 8 May 2026. As per the prosecution case, the threats are given

by the Applicant on or about 3 May 2026.

6.    The incident in which the deceased died by suicide has taken

place on 11 May 2026. The Supreme Court in the case of Abhinav

Mohan Dlekar v. State of Maharashtra reported in 2025 SCC

OnLine SC 1725, has held that to attract the offence of abetment to

suicide, it is important to establish proof of direct or indirect acts

of instigation or incitement of suicide by the accused, which must

be in close proximity to the commission of suicide by the deceased

and such instigation or incitement should reveal a clear mens rea

to abet the commission of suicide and should put the victim in such

a position that he/she would have no other option but to commit

suicide. The said observations of the Supreme Court are squarely

applicable to the present proceedings.

7.    As there are antecedents and as some apprehension has also

been expressed regarding threat to the family members of the

deceased, although case is made out for grant of anticipatory bail,

strict conditions are required to be imposed.

8.    Accordingly, the Anticipatory Bail Application is disposed of

by passing the following order :-




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                              ORDER

      (a)   In the event of arrest of the Applicant in connection

            with C.R. No.298 of 2026 registered with the Daund

            Police Station, Pune, the Applicant is directed to be

            released on bail on the Applicant furnishing P.R. Bond

            in the sum of Rs.40,000/- with one or two solvent

            sureties each in the like amount.

      (b)   The Applicant shall attend the concerned Police

            Station on 10th and 11th September 2026 between

            11:00 a.m. to 02:00 p.m. and also attend the Daund

            Police Station for six months i.e. upto 31st March 2027

            on the first and third Monday of each month between

            11:00 a.m. to 02:00 p.m.

      (c)   The Applicant shall not enter Taluka-Daund for a

            period of six months except for reporting to the Daund

            Police Station.

      (d)   The Applicant shall furnish his cell phone number and

            residential address to the Investigating Officer and

            shall keep the same updated, in case of any change

            thereto.




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

               inducement, threat, or promise to any person

               acquainted with the facts of the case so as to dissuade

               such a person from disclosing the facts to the Court or

               to any Police personnel.

         (f)   The Applicant shall not tamper with the prosecution

               evidence and shall not contact or influence the

               Complainant or any witness in any manner.


9.       The observations made in this order are only for the purpose

of considering the anticipatory bail application and the learned

Trial Court shall not be influenced by the observations made in this

Order.



10.      The Anticipatory Bail Application is disposed of accordingly.



11.      As Anticipatory Bail Application is disposed of, nothing

survives in the Interim Application and same is also disposed of.




                                            [MADHAV J. JAMDAR, J.]




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