9-BA-847-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 847 OF 2026 Subhash Shrimant Honmukhe … Applicant Versus. The State of Maharashtra & Anr. … Respondents ----- Mr. Ritesh M. Thobde a/w. Mr. Changdev Shingade i/b. Mr. Mervin Bardeskar for the Applicant. Mr. Nitin B. Patil, A.P.P. for the Respondent-State. Officer : PN/202 Mr. Dudhal, Mangalvedha Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 8th September 2026. PER COURT : 1. Heard, Mr. Ritesh Thobde, learned Advocate for the Applicant and Mr. Nitin Patil, learned APP for the Respondents - State. 2. By this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Applicant seeks regular bail in connection with Crime No. 0317/2025, dated 26th April 2025, registered with Mangalvedha Police Station, District Solapur Rural, for offences punishable under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). osk 1 of 5 9-BA-847-2026 (CR).docx 3. Mr. Ritesh Thobde, learned Advocate for the Applicant, submits that Crime No. 0317/2025 is registered as Sessions Case No. 80 of 2025 and is pending before the Additional Sessions Judge, Pandharpur “Trial Court”). He states that there are two (2) accused in the present crime. The Applicant is Accused No. 1, while his brother, Sanjay Shrimat Honmukhe, is Accused No. 2. 4. The prosecution's case rests on a complaint lodged by Manohar Ingole (Informant), the father of Sagar Ingole (“deceased”), alleging that Savita Honmukhe (the wife of the Applicant) had an extramarital affair with the deceased. Said affair came to the notice of the Applicant. On 26th April 2025, the deceased was found dead near the house of the accused. 5. The Applicant was arrested on 26th April 2025. His Bail Application at Exhibit 22 in Sessions Case No. 80/2025 was rejected by the Trial Court on 6th July 2026. 6. Mr. Ritesh Thobde, learned Advocate for the Applicant, submits that on 25th April 2025, the deceased came to the Applicant's house and attempted to contact Savita Honmukhe. Upon being noticed, deceased attempted to escape, was caught and thereafter the alleged incident occurred. He submits that the incident occurred on the spur of the moment, against the backdrop of the deceased's checkered extra-marital affair with Savita Honmukhe. He osk 2 of 5 9-BA-847-2026 (CR).docx submits that the assault is not a premeditated act, much less an assault with an intention to kill. He submits that the Applicant has no criminal antecedents. He submits that Subhash Honmukhe (Accused No. 2) has been released on bail by the Sessions Court. 7. Mr. Nitin Patil, learned APP for the Respondents - State, submits that the Applicant (Accused No. 1) and Subhash Honmukhe (Accused No. 2) assaulted the deceased, resulting in his death. He submits that even assuming the deceased had an extramarital affair with Savita Honmukhe (wife of the Applicant) and even if he tried to establish contact with her, that did not give the accused licence to assault the deceased in such a manner, resulting in death. He further submits that the stick used in the assault was recovered at the instance of the Applicant. 8. Perused the record. 9. The allegations in the FIR itself indicate that the Informant has referred to the deceased having an extramarital affair with Savita Honmukhe (wife of the Applicant), resulting in discord with the Applicant. The Informant further stated that mediators resolved the dispute between Savita Honmukhe and the Applicant after instructing the deceased not to continue the affair with Savita Honmukhe. Despite this, on 26th April 2026, the deceased was apparently found at Savita Honmukhe's place and upon being caught, the incident osk 3 of 5 9-BA-847-2026 (CR).docx referred to in the F.I.R. occurred. Against the background of a history of an extramarital affair, the alleged assault at the hands of the husband of Savita Honmukhe, prima facie, appears to have occurred at the spur of the moment. There is no premeditated act, at least not referred to or alleged against the accused in the F.I.R. 10. Accused No. 2, who allegedly assisted the Applicant in assaulting the deceased, was released on bail by the Sessions Court vide order dated 27th January 2026, Exh. 3, in Special Case No. 80 of 2025. 11. Considering the nature of the allegations, the circumstances against the Applicant and the submissions of Mr. Ritesh Thobde, learned Advocate for the Applicant, further incarceration of the Applicant pending the trial of Sessions Case No. 80 of 2025 is not warranted. 12. This Application is therefore allowed on the following conditions: (a) The Applicant-Subhash Shrimant Honmukhe, in Crime No. 0317/2025, registered on 26th April 2025 at Mangalvedha Police Station, District Solapur Rural, shall be released on bail upon furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Pandharpur, District Solapur, in Special Case No. 80 of 2025. (b) The Applicant shall not directly or indirectly make any osk 4 of 5 9-BA-847-2026 (CR).docx inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. Applicant shall not tamper with evidence. (c) The Applicant shall provide the Investigating Officer with his residential address along with proof, his contact number/s and must inform the Investigating Officer in Crime No. 0317/2025 of any changes to this information from time to time. (d) The Applicant shall regularly appear in Sessions Case No. 80 of 2025 pending before the Trial Court, unless specifically exempted. If the Applicant fails to appear before the Trial Court on the date fixed, the same would be considered a breach of condition and the Trial Court, would be at liberty to pass appropriate orders 13. The observations made in this order are prima facie and meant for the purpose of deciding the Bail Application and would not have any impact or effect on the trial. 14. The Criminal Bail Application No. 847 of 2026 is disposed. [ ASHWIN D. BHOBE, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.09 16:33:14 +0530