1 50. BA 1266 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1266 OF 2026 EKNATH S/O VISHWANATH RITHE (IN JAIL) VERSUS THE STATE OF MAHARASHTRA THR PSO., PS MAHAGAON DIST. YAVATMAL AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. K.S. Narwade, Advocate for Applicant. Ms. S.S. Dhote, APP for Non-Applicant No.1-State. CORAM : M.M. NERLIKAR, J. DATED : 01st OCTOBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant as well as learned APP for the State. 2. By this application, the applicant is seeking bail in connection with Crime No.524 of 2025, registered with Police Station Mahagaon, Dist. Yavatmal, for the offences punishable under Sections 64, 107, 351(2), 115(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and Sections 4, 8, 12, 17 of the Protection of Children from Sexual Offences Act, 2012. 3. The brief facts of the prosecution case are that the informant has lodged the report alleging that his daughter committed 2026:BHC-NAG:13118 2 50. BA 1266 of 2026.odt suicide due to the harassment meted out by the applicant and co-accused. The report further alleges that the applicant was in love with the deceased and he had approached her repeatedly. However, the deceased was not interested in him and therefore, she denied his proposal. On 16.10.2025, at about 06.00 p.m., the deceased went to the field of one Ganesh for plucking the cotton. At that time, co-accused Sau. Punyaratha Rithe came there and told her that, her son is drinking liquor and not taking meals due to her. She also threatened and assaulted her by pulling her hair. Even other co-accused Vishwanath was pressurizing the informant for performing marriage of the applicant and the deceased. Therefore, on 16.10.2025, the deceased consumed poison and she died during treatment on 20.10.2025. 4. Learned Counsel for the applicant submits that the applicant and the deceased were in a love relation. However, the parents of the deceased were not happy with the said relations. Due to which, the deceased, who was aged 17 years old, consumed poison and committed suicide. The father of the deceased lodged the report against the applicant and his parents. He submits that the parents of the applicant have already been granted bail by the trial court, however, bail was denied to the applicant. Even if the entire material is taken together, ingredients of Section 107 of BNS are not made out 3 50. BA 1266 of 2026.odt against the applicant. There was no abatement by the applicant so as to compel the deceased to commit suicide and therefore, considering the nature of allegations, the applicant deserves to be granted bail. 5. On the other hand, learned APP vehemently opposes the application and submits that the applicant had committed sexual intercourse with the deceased. There are several statements which goes to show that the applicant used to harass the deceased and due to that, the deceased has committed suicide by consuming poison. Even the cause of death is due to poisoning. Under such circumstances, it cannot be said that Section 107 of BNS is not attracted against the applicant and therefore, prayed for rejection of the application. 6. Upon consideration of the submissions of both the sides and going through the material placed on record, it could be gathered that at no point of time, the deceased has made any complaint to anyone about the fact that the applicant has committed sexual intercourse with her. It appears that there are allegations of harassment by the applicant. However, the degree and nature of such harassment must be of such a magnitude as would leave the deceased with no other alternative but to commit suicide. Under such circumstances, the possibility as submitted by the learned Counsel for 4 50. BA 1266 of 2026.odt the applicant that the parents of the deceased were not happy with the relationship of the deceased with the applicant cannot be ruled out. Therefore, considering the facts and circumstances of the case, I am inclined to grant bail to the applicant. Hence, following order is passed. ORDER i) The Criminal Application is allowed and disposed of. ii) The applicant/accused viz. Eknath Vishwanath Rithe, be released on bail in connection with Crime No.524 of 2025, registered with Police Station Mahagaon, Dist. Yavatmal, for the offences punishable under Sections 64, 107, 351(2), 115(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8, 12, 17 of the Protection of Children from Sexual Offences Act, 2012, on furnishing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount. iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. 5 50. BA 1266 of 2026.odt v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial on even a single date or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. vi) Pending applications, if any, stand disposed of. 7. The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations. (M.M. NERLIKAR, J.) asd