912-ABA-2819-2023 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 2819 OF 2023 Ankush Ram Bidkar …...Applicant Versus. State of Maharashtra …...Respondent ----- Mr. Ritesh M. Thobde a/w. Mr. Darshan Singh Rajpurohit & Mr. Changdev Shingade for Applicant. Mr. Nitin B. Patil, A.P.P. for Respondent-State. Officer : PC/869 Mr. S.S. Shinde, Pandharpur City Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 30th September 2026. PER COURT : 1. Heard, Mr. Ritesh Thobde, learned Advocate for the Applicant and Mr. Nitin Patil, learned A.P.P. for the Respondent-State. 2. By this Application, the Applicant seeks pre-arrest bail apprehending arrest in Crime No. 09 of 2022, dated 4th January 2022, registered with Pandharpur City Police Station, District Solapur, for offences punishable under Sections 306, 506 and 120(b) read with 34 of the Indian Penal Code (I.P.C.), and Sections 39 and 45 of the Maharashtra Money Lending Act, 2014. osk 1 of 4 912-ABA-2819-2023 (CR).docx 3. On 7th October 2023, the following order was passed : “1) Heard the learned counsel for the applicant and the learned APP for the State. 2) This is an application for pre-arrest bail in connection with C.R. No. 9 of 2022, registered with City Police Station. Pandharpur. for the offences punishable under Sections 120B. 306 and 506 read with Section 34 of Indian Penal Code, 1860 ("the Penal Code") and Sections 39 and 45 of Maharashtra Money Lending (Regulation) Act, 2014. 3) The deceased, who was the brother of the first informant. died by suicide. A suicide note was found, wherein it was alleged that the deceased had availed a loan from Shekhar, the brother-M in-law of the applicant, and the co-accused. In order to coerce the deceased to repay the said loan amount along with interest, the accused No. 1 Shekhar and the applicant and his wife, who is the sister of applicant No. 1 Shekhar, allegedly harassed the deceased. 4) This Court was persuaded to grant pre-arrest bail to Suvarna, the wife of the applicant, as she was not specifically named in the suicide note. 5) The learned Counsel for the applicant submitted that the transaction was between the deceased and the accused No. 1 Shekhar. Even the alleged notarized Sale-deed was executed by and between the deceased and accused No. 1 Shekhar. 6) The learned APP seeks time to take instructions as the Investigating Officer is not present. 7) Prima facie, the transaction appeared to have been between the deceased and accused No. 1. who was arrested and has since released on bail. The question as to whether the applicant had also abetted the commission of suicide by the deceased by indulging a direct or proximate act or omission would warrant consideration. 8) In view of the above. I am inclined to grant interim protection while directing the applicant to join in the investigation. 9) Hence, the following order :- ORDER 1) In the event of arrest of the applicant in connection with C.R. No. 9 of 2022, registered with City Police Station. Pandharpur. for the offences punishable under Sections 120B, 306 and 506 read with Section 34 of Indian Penal osk 2 of 4 912-ABA-2819-2023 (CR).docx Code, 1860 and Sections 39 and 45 of Maharashtra Money Lending (Regulation) Act, 2014, the applicant be released on bail on executing a PR Bond in the sum of Rs.30.000/- with one or two sureties in the like amount. II) The applicant shall co-operate with the investigation and attend City Police Station, Pandharpur, on 16th, 17th and 18th October, 2023 in between 10.00 am to 1.00 pm and. thereafter, as and when directed by Investigating Officer. III) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case. IV) Stand over to 4th November, 2023.” 4. This matter was listed on 29th September 2026. At the request of Mr. Ritesh Thobde, learned Advocate for the Applicant, to enable him to take instructions from the Applicant, it is listed today. 5. Mr. Nitin Patil, learned A.P.P. for the Respondent-State, on instructions from the Investigating Officer, states that despite the order dated 7th October 2023, the Applicant failed to appear before the Investigating Officer on 16th, 17th and 18th October, 2023 as fixed in paragraph 9(II) of that order. He submits that the Applicant has failed to abide by the conditions of bail and has, in fact, flouted them. He therefore submits that the present Anticipatory Bail Application be dismissed with costs, as the Applicant has abused the process of law. 6. Mr. Ritesh Thobde, learned Advocate for the Applicant, submits that the Applicant has not been in contact with the Advocate on record since osk 3 of 4 912-ABA-2819-2023 (CR).docx October 2023. He further states that several attempts by the Advocate on record to contact the Applicant, even as of yesterday, have proved futile. In view of the Applicant's non-contact with the Advocate on record, he has no instructions from the Applicant. 7. In view of the statement made by Mr. Nitin Patil, learned A.P.P. for the Respondent-State, on instructions from the Investigating Officer, City Police Station, Pandharpur, investigating Crime No. 9 of 2022, that the Applicant has not abided by and complied with the order dated 7th October 2023 granting ad-interim bail, the Applicant has violated the privilege of bail granted to the Applicant. Such conduct, as submitted by Mr. Nitin Patil, learned A.P.P. for the Respondent-State, cannot be countenanced. The Applicant's failure to even remain in contact with his own Advocate, as stated by Mr. Ritesh Thobde, indicates that the Applicant has taken the Court proceedings for granted. 8. In view of the above, this Court has no alternative but to accept the submission made by Mr. Nitin Patil, learned A.P.P. for the Respondent-State and decline any indulgence to the Applicant in this Application. 9. Anticipatory Bail Application No.2819 of 2023 is therefore dismissed. [ ASHWIN D. BHOBE, J. ] osk 4 of 4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.10.01 10:45:16 +0530