1 15. ABA 710 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.710 OF 2026 GHANSHYAM RADHAKISANJI GATTANI VERSUS STATE OF MAHARASHTRA THR. PSO., PS MORSHI TQ. MORSHI DIST. AMRAVATI WITH CRIMINAL APPLICATION (ABA) NO.706 OF 2026 KAILASH S/O KAMALKISHOR SARDA VERSUS STATE OF MAHARASHTRA THR. PSO., PS MORSHI TQ. MORSHI DIST. AMRAVATI Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.V. Sirpurkar, Advocate for Applicant in ABA 710/2026. Mr. J.B. Kasat, Advocate for Applicant in ABA 706/2026. Ms. T.H. Udeshi, APP for Non-Applicant-State. CORAM : M.M. NERLIKAR, J. DATED : 01st SEPTEMBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant in both the applications and learned APP for the State. 2. Both the applications are arising out of the same crime, therefore, they are being disposed of by this common order. 3. Apprehending arrest, the applicants have approached this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail, in connection with Crime No.455 2026:BHC-NAG:11576 2 15. ABA 710 of 2026.odt of 2026, registered with Police Station Morshi, Amravati Gramin, for the offence punishable under Section 108 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 4. The brief facts are that, the informant lodged an FIR alleging that, on 25.07.2026, at about 08.30 a.m., on phone call, he was informed that deceased Pawan Bhakare committed suicide by hanging himself with a yellow rope. From the spot of incident, police recovered a suicide note, alleging therein that the applicants with other co-accused have grabbed the agricultural land of the deceased by executing a sale-deed in their favour and are demanding more amount from him. On the basis of the said allegations, the F.I.R. came to be lodged. 5. Learned Counsels for the applicants submit that the ingredients of Section 108 of the BNS are not made out against the applicants. They submit that the sale-deed was executed on 27.07.2011 by the deceased. They submit that the applicants are falsely implicated and had never abetted the deceased for commission of suicide. They further submit that there is no proximity between the commission of suicide and transaction as the alleged sale-deed deed was executed in the year 2011, whereas the deceased committed suicide in the year 2026. They further submit that even in order to 3 15. ABA 710 of 2026.odt attract the provisions of the Money Lending Act, there should be concrete material and so also, to attract the offence under Section 108 of the BNS, there must be mens rea, in the absence of mens rea, the applicants cannot be said to have committed the offence. They further submit that, had it been a case that the deceased had borrowed the money from the applicants, he would have filed proceedings before the appropriate authority, however, no such proceedings are filed by the deceased for illegal money lending transaction. Under such circumstances, they submit that, merely on the basis of a suicide note, the applicants cannot be connected with the alleged crime and therefore, they prayed to grant anticipatory bail. 6. On the other hand, learned APP vehemently opposes the applications and relied on the suicide note to submit that the applicants are specifically named in the suicide note. She submits that, though the sale-deed was executed in the year 2011, however, that sale-deed was executed as the deceased had borrowed a loan of Rs.1,85,000/- from applicant Kailash. She further submits that the said amount was taken by the deceased at the interest rate of 2.5% for 11 months, however, as the amount was not returned, the applicants asked him to give the surety and accordingly, the said sale-deed was executed. She further submits that though the deceased had paid substantial amount to the applicants, inspite of repeated requests by 4 15. ABA 710 of 2026.odt the deceased, they have not executed a sale-deed in his favour. That the suicide note itself demonstrates how the applicants has harassed the deceased. She further submits that it cannot be said that there is no proximity as the deceased asked the applicants to execute the sale- deed in his favour as he has already returned more than sufficient amount to the applicants. Even on 11.07.2026 also, when the deceased met with applicant Kailash, he had requested to execute the sale-deed, however, applicant Kailash had not paid any heed to the request of the deceased. Moreover, the applicants demanded an amount of Rs.15 Lakhs from the deceased. Accordingly, due to this act of the applicants, the deceased committed suicide on 25.07.2026. Therefore, it cannot be said that there is no proximity between the act of the applicants and commission of the suicide by the deceased. She submits that, under such circumstances, the applications deserve to be rejected. 7. I have considered the rival submissions and gone through the suicide note. Apart from the suicide note, there is nothing on record to support the allegation of money lending. As far as the money lending is concerned, it appears that in spite of search of the houses of the applicants, nothing was found. It is to be noted that the Investigating Officer has given a publication in the newspaper so that the aggrieved persons/victims can come forward to state money 5 15. ABA 710 of 2026.odt lending transactions between them and the applicants. However, in spite of several efforts by the Investigating Officer, no one had come forward to state that the applicants are indulged in the illegal money lending business. 8. On perusal of the suicide note, prima facie, it appears that there are allegations against the present applicants. However, it is admitted fact that the sale-deed was executed in the year 2011. It further appears from the suicide note that the deceased and the family members of the deceased are still in possession of the said agricultural land. Therefore, merely on the basis of suicide note, the applicants cannot be put behind bars. Further, it is to be noted that the alleged transaction took place in the year 2011 and the deceased committed suicide in the year 2026. Between this 15 years of span, not a single application of whatsoever nature was not filed by the deceased against the applicants regarding the money lending transaction and abruptly committed suicide on 25.07.2026, leaving behind the suicide note. Even after perusal of the suicide note, though there are prima facie allegations against the applicants, whether that allegations satisfy the ingredients of Section 108 of the BNS or not would be the question for the trial court. Hence, I am of the view that the applicants have made out a prima facie case for grant of anticipatory bail. Hence, following order is passed. 6 15. ABA 710 of 2026.odt ORDER i) Criminal Application No.710 of 2026 and Criminal Application No.706 of 2026, are allowed and disposed of accordingly. (ii) In the event of arrest, applicant viz. Ghanshyam Radhakisanji Gattani and applicant viz. Kailas Kamalkishor Sarda, in connection with Crime No.455 of 2026, registered with Police Station Morshi, Amravati Gramin, for the offence punishable under Section 108 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing a P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety each in the like amount. (iii) The applicants shall attend the concerned police station on every Sunday between 11.00 a.m. to 02.00 p.m. or as and when called by the Investigating Officer. (iv) The applicants shall not tamper with the prosecution evidence in any manner. (v) Pending applications, if any, stand disposed of. 9. The observations of this Court are prima facie in nature and are only limited to these applications. The Trial Court shall not be influenced by the aforesaid observations. (M.M. NERLIKAR, J.) asd