43-ABA-2687-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2687 OF 2026 Mahesh Rajendra Ambilwade …Applicant Versus The State of Maharashtra & Anr. …Respondents Mr. Sainath S. Garade, for the Applicant. Mr. S. S. Ghag, APP, for Respondent No.1-State. Mr. Prabodhan Jadhav (through Video Conferencing), for the First Informant. Mr. Salunke, PSI, attached to Bibwewadi Police Station, Pune City, Pune, present. CORAM: MADHAV J. JAMDAR, J. DATED : 28th SEPTEMBER 2026 PC:- 1. Heard Mr. Garade, learned Counsel appearing for the Applicant, Mr. Ghag, learned APP appearing for the Respondent- State and Mr. Jadhav, learned Counsel appearing for the First Informant. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail in connection with C.R. No.90 of 2026 registered with Bibwewadi Police Station, Pune, for the offences punishable under Sections Page 1 Sonali 43-ABA-2687-2026.DOC 108, 74, 131, 118(1), 351(2), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 3. It is the submission of learned Counsel appearing for the Applicant that the Applicant is not involved in the crime. He submits that in fact, there was no pre-planning or even the intention that the deceased should commit suicide. He submits that the incident has taken place as the accused No.2-Ashwini Sachin Junnarkar came to know about the relationship outside marriage between the deceased and her husband i.e. accused No.1-Sachin Mohan Junnarkar. The Applicant is the brother of accused No.2. He submits that there are no other antecedents against the Applicant and the Applicant will co-operate with the investigation. 4. On the other hand, Mr. Ghag, learned APP strongly opposes the Anticipatory Bail Application. He submits that due to the actions of the accused, the deceased died by suicide and therefore, the Applicant is not entitled for anticipatory bail. He submits that in fact, the Applicant has outraged the modesty of the deceased and therefore, the Applicant is not entitled for the anticipatory bail. Page 2 Sonali 43-ABA-2687-2026.DOC 5. Mr. Prabodhan Jadhav, learned Counsel appearing for the First Informant also strongly opposes the Anticipatory Bail Application. He submits that the Anticipatory Bail Application of accused No.5-Nita Mahesh Ambivane has been dismissed as withdrawn by a learned Single Judge (Coram: Shivkumar Dige, J.) by order dated 10th June 2026 passed in Anticipatory Bail Application No.1462 of 2026. He submits that the deceased committed suicide after the incident in question has taken place. Learned Counsel submits that the Applicant not only threatened and abused the deceased but also outraged the modesty of the deceased. Mr. Prabodhan Jadhav, learned Counsel therefore, submitted that the Anticipatory Bail Application be rejected. 6. The prosecution case is set out in paragraph No.2 of the order dated 9th September 2026, passed by the learned Additional Sessions Judge, Pune, passed in Criminal Bail Application No.3778 of 2026, which reads as under: “2] As per the case of prosecution, the wife of informant committed suicide on 28/04/2026 at his residential house. It is alleged that the accused Sachin Junnarkar was harassing the deceased. On 27/04/2026 at about 6:30 pm, the accused persons illegally entered the house of Page 3 Sonali 43-ABA-2687-2026.DOC informant, they abused informant and his wife, they beat them. The applicant accused outraged modesty of informant’s wife by touching her breast. So also he beat on her abdomen by kick and beat her on the head by hard object. The accused persons insulted the informant and his wife. The accused Sachin and Dr. Amita Dekhane threatened the informant of dire consequences if he registers FIR. Due to the said insult the deceased committed suicide.” 7. Perusal of the record shows that the deceased was working in a Gym run by the accused No.1-Sachin Mohan Junnarkar. Accused No.2-Ashwini Sachin Junnarkar found certain WhatsAPP chats in the cell phone of the accused No.1-Sachin Mohan Junnarkar and on the basis of the said chats, she formed an opinion that there is relationship outside marriage between the accused No.1-Sachin Mohan Junnarkar i.e. her husband and the deceased and suddenly she along with other accused persons went to the house of the First Informant and deceased on 27th April 2026 and assaulted and abused the deceased and behaved in indecent manner. 8. It is true that as per the prosecution case, the Applicant has assaulted the deceased and also outraged the modesty of the deceased. The deceased has died by suicide immediately on 28th Page 4 Sonali 43-ABA-2687-2026.DOC April 2026. However, even as per the prosecution case also, the incident of assault and abuse has taken place on a spur of moment. The Applicant i.e. accused No.4 along with accused No.2, who is the sister of the Applicant and other co-accused went to the place of the First Informant and the deceased to question the deceased about her alleged relationship outside marriage with accused No.1. The incident has taken place suddenly. There was no pre- meditation or pre-planning. In fact, there is nothing on record to show that there was intention of the Applicant that the deceased should commit suicide. 9. The Supreme Court in the case of Abhinav Mohan Delkar vs. State of Maharashtra & Ors.1 has held that abetment involves a mental process of instigating or intentionally aiding another person to do a particular thing. To bring a charge under Section 306 of the IPC, the act of abetment would require the positive act of instigating or intentionally aiding another person to commit suicide. Without such mens rea on the part of the accused person being apparent from the face of the record, a charge under the aforesaid Section cannot be sustained. Abetment also requires an 1 (2026) 6 SCC 233 Page 5 Sonali 43-ABA-2687-2026.DOC active act, direct or indirect, on the part of the accused person which left the deceased with no other option but to commit suicide. 10. If the factual position in this case is examined on the basis of the law laid down by the Supreme Court in the case of Abhinav Mohan Delkar (supra), then it is clear that although there is proximity between the actions of the Applicant and co-accused of assaulting and abusing the deceased and the act of commission of suicide, however, prima facie, there is no mens rea on the part of the accused persons. The only intention of commission of crime of assault and abuses was that accused No.2, who is the sister of the Applicant had formed opinion on the basis of WhatsAPP chats between the accused No.1 and the deceased that both of them were in relationship outside marriage and to question about the same, the Applicant along with co-accused went at the residence of the deceased and in that process, assault, abuses etc. had taken place. Page 6 Sonali 43-ABA-2687-2026.DOC 11. In any case, the prosecution case prima facie shows that the incident has taken place on a spur of moment. The Applicant has no other antecedents. 12. Learned Counsel appearing for the First Informant very heavily relied on the order dated 10th June 2026 passed by a learned Single Judge in the case of Nita Mahesh Ambilwade in Anticipatory Bail Application No.1464 of 2026. However, when the said order was passed, the chargesheet was not filed and the same has now been filed against accused Nos.1 and 2 who have been released on regular bail. Thus, practically, the investigation is completed. 13. Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Mahesh Rajendra Ambilwade in connection with C.R. No.90 of 2026 registered with the Bibwewadi Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.30,000/- Page 7 Sonali 43-ABA-2687-2026.DOC with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on 5th October 2026 and 6th October 2026 between 11:00 a.m. to 02:00 p.m. and shall cooperate with the investigation. In addition, the Applicant shall attend the concerned Police Station as and when called. (c) 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. (d) 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. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. Page 8 Sonali 43-ABA-2687-2026.DOC 14. The Anticipatory Bail Application is disposed of accordingly. 15. It is clarified that the observations made in this order are prima facie observations for deciding this Anticipatory Bail Application and the learned Trial Court shall not be influenced by the said observation. [MADHAV J. JAMDAR, J.] Page 9 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.28 18:45:28 +0530