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2026 DAILYLAW 5427 (BOM)

TATYARAM WAMAN SANGALE v. STATE OF MAHARASHTRA

ABA/2246/2026 · 2026-08-31

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Judgment text

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24 ABA-2246-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2246 OF 2026 Tatyaram Waman Sangale …Applicant Vs. 1. State of Maharashtra 2. Dattatray Balasaheb Pawar …Respondents Mr. Sachin H. Deokar (through VC) a/w. Suraj V. Gadkari, for the Applicant. Ms. M.R. Tidke, APP for the Respondent No.1-State. Mr. Vivek N. Arote (through VC), for Respondent No. 2. PSI Avinash Ghorpade, Walchandnagar Police Station. CORAM: MADHAV J. JAMDAR, J. DATE : 31st AUGUST, 2026 P. C.: 1. Heard Mr. Deokar, learned counsel appearing for the Applicant, Mr. Arote, learned counsel appearing for Respondent No.2 and Ms. Tidke, learned APP appearing for the State. 2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre- arrest bail in connection with C.R. No. 181 of 2026 registered with Walchandnagar Police Station, Pune Rural for the offences punishable under Sections 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. 31st August, 2026 24 ABA-2246-2026.DOC skt 3. The prosecution case is set out in paragraph No. 2 of the order dated 23rd July 2026 passed by learned Additional Sessions Judge, Indapur, Dist. Pune in Criminal Bail Application No. 159 of 2026, which is reproduced hereinbelow for ready reference :- “2. The brief facts, which led to the filing of the FIR can be summarized as under - That on 05.06.2026 informant husband lodged the FIR with Walchandnagar Police Station alleging that victim lady was his wife & Tatya Sangle was his friend and they were visiting each others house. On 19.04.2026, victim lady told him & his children that since last one year there was love affair between her and Tatya Sangle and they were frequently having talks on the mobile phone. Since last several days she was avoiding to talk with him. So he was threatening her by saying that "if you don't continue to have talks with me then I will tell the villagers that there is illicit relation between us and thereby I will defame you." He had also threatened to kill her and her children. She also prayed for apology of the 31st August, 2026 24 ABA-2246-2026.DOC skt informant, who tried to console her. He also contacted Tatya Sangle, who admitted the illicit relationship and assured him to breakup the same. However, after 8 to 10 days, Tatya Sangle started to tell the villagers about his illicit relation with victim lady and thereby she was defamed. On 28.05.2026, his son Jay told him that Tatya Sangle stated him that "I have recordings of 1100 audio calls of your mother and you can't cause any damage to me. I have no care of anybody. I will kill you, your brother & father and keep your mother as my kept mistress." Having knowledge of such a threat, victim lady was scared and stated that "I will end my life, which has now become meaningless." On 30.05.2026 victim lady consume insecticide and committed suicide. Making such allegations, the FIR came to be lodged at Walchandnagar Police Station and accordingly, C.R. No. 181/2026 came to be registered. Applicant Tatya claims to be innocent and apprehends his arrest in the present crime and therefore, he has moved the present application.” 31st August, 2026 24 ABA-2246-2026.DOC skt 4. It is the submission of Mr. Deokar, learned counsel appearing for the Applicant that the Applicant is not involved in the crime. It is his submission that in fact the husband of the victim was harassing her and therefore she has committed suicide. 5. On the other hand, Ms. Tidke, learned APP strongly opposes the anticipatory bail application and submits that the Applicant was having a relationship outside the marriage with the victim and, as the victim thereafter opposed the said relationship, the incident in question took place. It is, therefore, submitted that no protection be granted to the Applicant. 6. As per the prosecution case, about one year prior to the incident, the Applicant and the victim were having a relationship outside the marriage and, therefore, there was a dispute between the Applicant and the First Informant. There are WhatsApp chats between the Applicant and the First Informant regarding the said relationship. In any case, there are no other antecedents against the Applicant. Mr. Deokar states that pursuant to the order dated 24th August, 2026, the Applicant attended the concerned Police 31st August, 2026 24 ABA-2246-2026.DOC skt Station on 28th August, 2026 and 29th August, 2026 and handed over his mobile phone and cooperated with the investigation. 7. In the above circumstances, a case is made out for grant of Anticipatory Bail by imposing certain conditions. Hence, following order is passed: O R D E R i. In the event of arrest, the Applicant- Tatyaram Waman Sangale be released on bail in C.R. No. 181 of 2026 registered with Walchandnagar Police Station, Pune Rural, on executing P.R. bond of Rs.30,000/- and furnishing one or two local solvent sureties in the like amount. ii. The Applicant shall attend the concerned Police Station as and when called by the Investigating Officer till filing of the charge-sheet. iii. 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. iv. 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 31st August, 2026 24 ABA-2246-2026.DOC skt from disclosing the facts to the Court or to any Police personnel. v. The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner. 8. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] 31st August, 2026