24 - ABA - 512 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 512 OF 2026 Ganesh Arun Devkar … Applicant Versus. The State of Maharashtra & Anr. … Respondents ------- Mr. Rishikesh Mohite for the Applicant. Mr. Shriram Chaudhari, APP for the State. Mr. Dilip Dhere, Karmala Police Station, Solapur Rural is present. ------- CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 15, 2026 P.C.:- 1. Heard, Mr. Rishikesh Mohite, learned Advocate for the Applicant and Mr. Shriram Chaudhari, learned APP for the State. 2. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail, apprehending arrest in connection with Crime No. 621 of 2026 registered at Karmala Police Station, Solapur Rural, for offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.17 10:32:31 +0530 24 - ABA - 512 - 2026.doc 3. Mr. Rishikesh Mohite, learned Advocate for the Applicant, submits that there are two (2) accused in Crime No. 621 of 2026. The Applicant is arraigned as Accused No. 1 and Shalan Arun Devkar as Accused No. 2. 4. Mr. Rishikesh Mohite, learned Advocate for the Applicant, submits that the relationship between the Applicant (husband) and the deceased (wife) was strained. He, by referring to the document at page 26 of the paper-book, i.e. the Transfer Order bearing No. 63668 dated 16th June 2026, points out serial No. 3 and submits that the Applicant was transferred to Baramati and was not residing with the deceased. He submits that the allegations in the FIR are vague and omnibus. He submits that the FIR does not make out the ingredients required to constitute an offence under Section 108 of the BNS, 2023. He submits that the FIR makes reference to the incident of 2014 and thereafter to the incident of 2026. 5. Mr. Rishikesh Mohite, learned Advocate for the Applicant, refers to Exhibit ‘D’ (page Nos. 28 to 33) to submit that those are messages between the deceased and her friend with whom she had an illicit relationship. He submits that upon the deceased's brother learning of the said affair between the deceased and the third person, the deceased, fearing disclosure of the same to the Applicant, committed suicide. VRJ 2 24 - ABA - 512 - 2026.doc 6. Mr. Shriram Chaudhari, learned APP for the State, submits that the Applicant was residing with the deceased on the date of the incident, that is, 2nd July 2026. He submits that the Applicant has attempted to take a false plea of alibi in the present case, that is, to portray that the Applicant was not residing with the deceased on the date the suicide was committed. 7. Mr. Shriram Chaudhari, learned APP for the State, by referring to and relying on the investigation papers, more particularly the statement of a witness, that is Dr. Yogesh Madhukar Kurade, submits that the Applicant made an attempt to cover up the suicide by informing the doctor that the deceased required urgent medical aid. He points out to a statement of the doctor which reads as follows: " … ि.०२/०७/ २०२६ रोजी मी माझे हॉ्पीटलम्ये ियिमत कामकाज करीत असताा ुपारी १२/ ३० वा. चे सुमारास माझे हॉ्पीटल जवळ राहणेस असलेले माझे ओळखीचे गणेश उफ) ाा ेवकर यांचा मला फो आला व ्यांी मला फोवर सांिगतले की, ्याची प्ी ्योती िहे काहीतरी के ले आहे. तु्ही लवकर माझे घरी या असे सांिगतले. ्यावेळी मी ्यास येतो असे ्हणालो. ्यांतर मी गणेश ेवकर यांचे घरी जा्यासाठी िघणार तेवढयात गणेश माझे हॉ्पीटलम्ये आला व ्हणाला की, ‘ चला चला लवकर घरी चला ्योतीची त्येत खुप िघडली आहे . तु्ही माझेसोत चला.’ असे ्हणाला. ्यावेळी मी ्याचे सोबत ्याचे मोटारसायकलवु तो भाडयाे राहत असले्या सोमे्वर कु रडे यांचे घराचे वर्या VRJ 3 24 - ABA - 512 - 2026.doc मज्यावर असले्या बेडुम्ये गेलो. ्यावेळी गणेश याची प्ी ्योती ही बेडवर िपिचत अव्थेत पडलेली होती. ्यावेळी ्योती िहची सासु शाल तेथे उभी होती. बेडुमधील फॅ ला साडी लटकत असलेली िसत होती. मी ्योती िहची ाडी तपासु ितची प्राथिमक तपासणी के ली असता ती सुमारे १० ते १० िमिटापुवी)च मयत झाली अस्याचे माझे लषात आ्याे मी गणेश यास ्याची प्ी ्योती ही मयत झाली अस्याचे सांिगतले. ...” 8. Mr. Shriram Chaudhari, learned APP for the State, submits that the Applicant is absconding. He further submits that the Applicant's conduct indicates the Applicant’s involvement in the crime and his attempt to conceal facts, therefore, custodial interrogation is required for a thorough and proper investigation. 9. Perused the records with the assistance of the learned Advocates. 10. Though the Applicant had attempted and in fact, strongly urged that the Applicant was not residing with the deceased during the period when the deceased committed suicide, relying on the document (Transfer Order bearing Nos. 63668 dated 16th June 2026), the cause title of this Application gives a different impression regarding the Applicant's residential address. The Applicant's address is the precise address where the deceased was found hanging. Applicant has not produced any document to indicate the place or address where the Applicant was residing in Baramati, as claimed. Mr. Rishikesh Mohite, VRJ 4 24 - ABA - 512 - 2026.doc learned Advocate for the Applicant, attempted to contend that the Applicant's permanent address is as mentioned in the cause title. 11. Ground ‘C’ in the Application indicates that the Applicant intends to represent that the Applicant was not residing at the address where the deceased committed suicide and that the Applicant was staying at a place in Baramati in view of the transfer. Ground ‘C’ reads as follows: “C. It is very important to note the fact that the present applicant is husband of the deceased and she was not residing with the deceased and accused no. 1 as applicant was residing at Pimpalner at Baramati for work purpose which can be seen transfer order of the applicant so if the present applicant was not residing with the deceased her role in instigating and abetment is totally absent Hereto annexed and marked as Exhibit "C" is a copy of the transfer orders of accused no.1 to Baramati” 12. The statement of the witness, Dr. Yogesh Kurade, relied upon by Mr. Shriram Chaudhari, learned APP, prima facie, indicates that the Applicant was present when the deceased committed suicide. The conduct of the Applicant prima facie does not inspire confidence. Mr. Shriram Chaudhari, learned APP, would be justified in his submission that the Applicant attempted to portray a different picture of the incident, to put it in the words of Mr. Shriram Chaudhari, a cover-up. 13. Considering the aforesaid, the nature of allegations against the Applicant in the FIR, the attempt made by the Applicant to suggest he was not present on the day of the incident, the Applicant keeping VRJ 5 24 - ABA - 512 - 2026.doc himself away from the investigation, the statement of Dr. Yogesh Kurade and the circumstances as submitted by Mr. Shriram Chaudhari, learned APP, which indicate a case for thorough investigation against the Applicant. No case made out for indulgence. 14. In view of the above, Criminal Anticipatory Bail Application No. 512 of 2026 is dismissed. (ASHWIN D. BHOBE, J.) VRJ 6