1/6 23-ABA-487-2026 (CR)(1).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 487 OF 2026 Deepak Mahadev Yashwant …...Applicant Versus. The State Of Maharashtra And Anr. …...Respondents ---- Ms. Manisha Devkar a/w Mr. Shankar Katkar and Ms. Tanaya Doke, for Applicant. Ms. Mahalakshmi Ganpathy, A.P.P., for Respondent Nos.1 and 2 - State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 30th SEPTEMBER, 2026. P.C. 1. Heard, Ms. Manisha Devkar, learned Advocate for the Applicant, and Ms. Mahalakshmi Ganapathy, learned A.P.P. for Respondent Nos. 1 and 2 – State. 2. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail, apprehending arrest in connection with Crime No. 08 of 2023 registered at the Natepute Police Station, Taluka Malshiras, District Solapur, for offences punishable under Sections 306 and 420 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”). Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.10.01 18:35:39 +0530 2/6 23-ABA-487-2026 (CR)(1).DOC 3. Ms. Manisha Devkar, learned Advocate for the Applicant, states that there are eight (8) Accused in Crime No. 08 of 2023 and that the Applicant is Accused No. 1. 4. In brief, the prosecution case, as revealed in the FIR, is that on 4th January 2023, Dattatraya Shinde (“deceased”), father of the Informant (Yogesh Dattatraya Shinde), was found hanging from a neem tree in a field. The Informant's cousin found a chit in the deceased's pocket stating that the accused persons named in Crime No. 08 of 2023 had not returned the amount the deceased had invested with them as “Bhishi”. As a result, the deceased committed suicide. 5. Ms. Manisha Devkar, learned Advocate for the Applicant, submits that the original of the chit referred to by the Informant in his complaint has not been found and that the Investigating Agency relies solely on a photograph purportedly taken by the cousin of the Informant of the so- called chit, which contains the suicide note. She submits that the chit referred to by the Informant does not indicate that the Applicant was responsible for the death of the deceased or had instigated the deceased to commit suicide. She submits that the chit merely refers to the Applicant and others not returning the amount of “Bhishi” paid by the deceased. She submits that apart from the reference to the Applicant’s name in the chit, there are absolutely no allegations against the Applicant to charge the Applicant in Crime No. 08 of 2023. She therefore submits that the offences Shantanu S. Dhudum 3/6 23-ABA-487-2026 (CR)(1).DOC alleged against the Applicant, namely Sections 306 and 420 of the IPC, are not attracted. She submits that the Applicant is ready to appear before the Investigating Officer and fully cooperate with the investigation in Crime No. 08 of 2023. 6. Ms. Mahalakshmi Ganapathy, learned A.P.P. for Respondent Nos. 1 and 2, submits that the chit refers to the Applicant owing Rs.5,00,000/- to the deceased towards “Bhishi”. She further submits that as the deceased felt cheated, he committed suicide. 7. Perused the record with the assistance of the learned Advocates for the parties. 8. Apparently, Crime No. 08 of 2023 was registered based on the suicide note contained in the chit, which the Informant has referred to in the FIR. The suicide note names as many as eight (8) accused, who are due and payable various amounts to the deceased. 9. Reference to the Applicant in the said chit, as relied upon and referred to by Ms. Manisha Devkar, learned Advocate for the Applicant, is reproduced verbatim as follows:- “ek>s e`R;ql vkRegR;sl tckcnkj O;Drh ¼1½ fnid egknso ;’koar ukrsiwrs ;kauh ek>h fHk’kh vrqy ckodj ;kapsdMs pkyq vlysyh mpyyh vkf.k eyk jDde #i;s 5 yk[k 50 gtkj feG.kkj gksrh rj rh eyk fnyh ukgh] R;keqGs eh tkLr vMp.khr vkyks vkf.k brj O;ogkjkr i.k ek>h Shantanu S. Dhudum 4/6 23-ABA-487-2026 (CR)(1).DOC Qlo.kwd d#u vkiyk Qk;nk d#u ?ksryk- dky ,d rkj[ksyk R;kiq<s ¼[kksMysys letwu ;sr ukgh½ gtkj Qdr fnys-” 10. Section 306 IPC is reproduced below for ready reference:- “306. Abetment of suicide. - If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” 11. Section 107 IPC, which defines ‘Abetment ’ reads as below:- “107. Abetment of a thing. - A person abets the doing of a thing, who— First.—Instigates any person to do that thing; or Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.” 12. Prima facie, the suicide note lacks material particulars regarding the nature of instigation or an engagement or intentional aid to ‘doing of a Shantanu S. Dhudum 5/6 23-ABA-487-2026 (CR)(1).DOC thing’. Again, prima facie, the Applicant having encouraged the deceased to commit suicide or conspired with others to encourage the deceased to commit suicide, or intentional action (or omission) to aid the deceased in committing suicide, is lacking. 13. Considering the circumstances of the case, custodial interrogation of the Applicant in Crime No. 08 of 2023 is not necessary. 14. In view of the above, this Application is allowed on the following terms: ORDER A) In the event of arrest of the Applicant - Deepak Mahadev Yashwant, in connection with Crime No.08 of 2023 registered with Natepute Police Station, Taluka Malshiras, District Solapur, the Applicant shall be released on bail on furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one or two sureties in the like amount, to the satisfaction of the Investigating Officer, Natepute Police Station, Taluka Malshiras, District Solapur. B) The Applicant shall report to the Investigating Officer, Natepute Police Station, Taluka Malshiras, District Solapur, investigating Crime No.08 of 2023, on 5th, 6th, 7th, and 8th October, 2026 from 10:00 a.m. to 1:00 p.m., and thereafter as and when required by the Investigating Shantanu S. Dhudum 6/6 23-ABA-487-2026 (CR)(1).DOC Officer. The Applicant shall co-operate with the investigation. C) The Applicant shall not directly or indirectly make any 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. D) The Applicant shall not tamper with the evidence and shall not influence the witnesses, in any manner. E) The Applicant shall provide the Investigating Officer with his residential address along with proof, his contact number and must inform the Investigating Officer of any changes to this information from time to time. 15. The observations made in this order are prima facie confined to the case of the Applicant for deciding the Bail Application and will not affect the trial. 16. Anticipatory Bail Application No.487 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum