17.ABA-1567.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1567 OF 2026 Raju Bhimrao Baravkar … Applicant V/s. State of Maharashtra …. Respondent WITH INTERIM APPLICATION NO.2129 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO.1567 OF 2026 Adwait Vivek Gatne … Applicant V/s. State of Maharashtra …. Respondent ______________________ Mr. Nitin Gaware Patil a/w Mr. Harsh Rathod and Mr. Pushkar Nikam, for the Applicant. Mr. Prashant P. Jadhav, APP for the Respondent-State. Mr. Ghanasham Jadhav, for the Intervenor. Mr. Rupesh V. Kadam, PSI attached to Daund Police Station, Pune Gramin present. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 7 SEPTEMBER 2026 P. C. :- 1. Heard Mr. Patil, learned Counsel appearing for the Applicant, Mr. Ghanasham Jadhav, learned counsel appearing for the Intervenor and Mr. Prashant P. Jadhav, learned APP appearing for the Respondent-State. Page 1 PPN 17.ABA-1567.26.DOC 2. By this application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 the Applicant is seeking pre-arrest bail in connection with C.R. No.298 of 2026 registered with Daund Police Station, Pune Rural under the offences punishable under Sections 108, 351(2) and 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case is set out in paragraph nos.2 and 3 of order dated 10 June 2026 passed by learned Additional Session Judge, Baramati, District-Pune in Criminal Bail Application No. 348 of 2026 which read as follows :- “2] Brief facts of the prosecution case are:- The informant Advait Vivek Gatane has filed report against the accused/applicant and other accused persons alleging that, on 11/05/2026 at about 07:00 am his mother phone called him and said that, his father has committed suicide by hanging himself in their house. So, the informant has immediately came to Daund. In the mean time, dead body of his father was taken to Sub-District Hospital, Daund. Intimation of suicidal death was given by his cousin Swanand Sudhir Gatane to Daund Police Station. On the basis of his report, ADR No.65/2026 came to be registered U/Sec.194 of Bharatiya Nagarik Suraksha Sanhita, 2023. During inquiry of accidental death, police prepared spot panchanama. At that time, they found two notebooks wherein the father of the informant has made entries of his financial transactions with accused persons and other persons from 04/01/2026 to 10/05/2026. In the said notebook, his father has also mentioned that the persons mentioned in the notebook have taken money and valuable things from him. But, failed to return Page 2 PPN 17.ABA-1567.26.DOC back and cheated him. Therefore, he has sustained financial loss and had suffered from mental agony. So, he has committed suicide. So, on the basis of contents in both notebooks, the informant has filed report against accused persons including the accused/applicant. 3] On the basis of his report, crime vide C.R.No. 298/2026 for the offences punishable U/Secs.108, 351(2), 352 and 3(5) of BNS, came to be registered at Daund Police Station, Tal.Daund, Dist.Pune. The accused/applicant having apprehension of his arrest, has filed this application vide Section. 482 of B.N.S.S.” 4. It is the submission of learned counsel appearing for the Applicant that as far as the Applicant is concerned, even as per the prosecution case, it is alleged that the Applicant and 3 others, about six days before the date of the incident, have given threats to the deceased. Learned Counsel submitted that these actions attributed to the Applicant are not in close proximity of the commission of suicide by the deceased. 5. On the other hand, learned counsel appearing for the first informant and learned APP pointed out the suicide note and submitted that in the note dated 4 January 2026, there is a reference to the Applicant as the Applicant was blackmailing the deceased. It is further submitted that on 8 May 2026 also, the deceased has stated in the suicide note about threats given by the Applicant and others about 5-6 days earlier and the same noting is Page 3 PPN 17.ABA-1567.26.DOC of 8 May 2026. As per the prosecution case, the threats are given by the Applicant on or about 3 May 2026. 6. The incident in which the deceased died by suicide has taken place on 11 May 2026. The Supreme Court in the case of Abhinav Mohan Dlekar v. State of Maharashtra reported in 2025 SCC OnLine SC 1725, has held that to attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be in close proximity to the commission of suicide by the deceased and such instigation or incitement should reveal a clear mens rea to abet the commission of suicide and should put the victim in such a position that he/she would have no other option but to commit suicide. The said observations of the Supreme Court are squarely applicable to the present proceedings. 7. As there are antecedents and as some apprehension has also been expressed regarding threat to the family members of the deceased, although case is made out for grant of anticipatory bail, strict conditions are required to be imposed. 8. Accordingly, the Anticipatory Bail Application is disposed of by passing the following order :- Page 4 PPN 17.ABA-1567.26.DOC O R D E R (a) In the event of arrest of the Applicant in connection with C.R. No.298 of 2026 registered with the Daund Police Station, Pune, the Applicant is directed to be released on bail on the Applicant furnishing P.R. Bond in the sum of Rs.40,000/- with one or two solvent sureties each in the like amount. (b) The Applicant shall attend the concerned Police Station on 10th and 11th September 2026 between 11:00 a.m. to 02:00 p.m. and also attend the Daund Police Station for six months i.e. upto 31st March 2027 on the first and third Monday of each month between 11:00 a.m. to 02:00 p.m. (c) The Applicant shall not enter Taluka-Daund for a period of six months except for reporting to the Daund Police Station. (d) 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. Page 5 PPN 17.ABA-1567.26.DOC (e) 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 from disclosing the facts to the Court or to any Police personnel. (f) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. 9. The observations made in this order are only for the purpose of considering the anticipatory bail application and the learned Trial Court shall not be influenced by the observations made in this Order. 10. The Anticipatory Bail Application is disposed of accordingly. 11. As Anticipatory Bail Application is disposed of, nothing survives in the Interim Application and same is also disposed of. [MADHAV J. JAMDAR, J.] Page 6 PPN