IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2177 OF 2024 Vitthal Sadashiv Gutte VERSUS The State of Maharashtra and another Mr. P. P. More, Advocate for applicant Ms. P. J. Bharad, APP for respondent-State Ms. Supriya Gandhi, Advocate for respondent No. 2 CORAM : R. M. JOSHI, J. DATE : 16th SEPTEMBER, 2026 PER COURT :- 1. Applicant seeks pre-arrest bail in connection with crime No. 0455 of 2024, registered with Vivekanand Chowk Police Station, Dist. Latur, for the offences punishable under Sections 302, 305, 354, 376(2) (F), 354, 506 read with Section 34 of the Indian Penal Code, and under Sections 5, 6, 8, 10 and 12 of the Protection of Children from Sexual Offences Act, and under Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2) and 3(2) (VA) of the Scheduled Castes and Scheduled Tribes Act. 2. First information report lodged by the father of the victim indicates that his two daughters, victim and her sister, were staying in girls hostel run by the mother of present applicant. There is allegation in the First Information Report that these two sons of Asha Sadashiv Gutte ABA-2177-2024 (copy).odt 1 of 6 2026:BHC-AUG:42689 used to call the victim in the office and used to cause harassment to her. There is also allegation with regard to there being sexual harassment of the victim girl. As far as incident occurred in the intervening night of 27.06.2024 and 28.06.2024, he claims that at about 8 A.M., he received a phone call informing that the victim has fallen down and is being taken to hospital. When informant went to the hospital at Latur, he came to know from daughter that victim has died. On the basis of information given by the sister of the victim, First Information Report came to be lodged. It is alleged that the present applicant and his brothers caused assault on the victim and she was found dead thereafter. 3. Learned counsel for the applicant submits that there is delay of about a month in lodging of the report and the First Information Report came to be lodged due to the pressure exaggerated by the interested persons on the police machinery. It is his further submission that the applicant is a permanent resident of Pune and on the date of the incident he was at Pune which could be ascertained from the statements recorded during the course of the investigation. He drew attention of the Court to the order passed by this Court granting regular bail to the co- accused i.e., his brother in Bail Application No. 1525 of 2024, wherein it is observed that this is not the case of rape and murder. He also argued that there are statements recorded during the course of investigation so ABA-2177-2024 (copy).odt 2 of 6 also CDR of the mobile phone of the applicant is collected indicating the presence of the applicant at Pune, which is at driving distance of about eight hours from Latur i.e., the place of occurrence of incident. It is his submission that the liberty of the applicant was protected by order dated 27.01.2025, and he was directed to cooperating the investigation, and that he has not abused the liberty. He also drew attention of the court to the statements recorded immediately after the registration of AD, indicating that this is not the case of murder. He also has a grievance that statements of the sister of the victim, as well as other girls in the hospital recorded at the first instance does not attribute any allegation against the applicant, however, later on they have changed their version. 4. Learned APP and learned counsel for informant opposed the application. It is their contention that on the face of it there is evidence on record to show that the victim girl was sexually abused, as contrary to different opinions, but one of such indicates so. Similar is the case with regard to the assault caused on the deceased, as the opinion of one of the doctor indicates that possibility of such assault is not ruled out. To support their submissions with regard to the involvement of the applicant in the crime, reliance is placed on the statement of the sister. Learned counsel for informant submits that there is no investigation carried out with regard to the role of the present applicant and as such his custodial ABA-2177-2024 (copy).odt 3 of 6 interrogation is necessary. 5. Perusal of record indicates that though the offence came to be registered invoking provisions of Section 302 and 376 of the Indian Penal Code, admittedly now offence has been charged against the applicant and not co-accused, punishable under Section 306 of the Indian Penal Code along with other offences. It would be relevant to take note of the observations made by this court in order dated 24.09.2026 passed in Bail Application No. 1525 of 2024. Learned APP was asked to take instructions as to whether the said order has been challenged by the prosecution or victim. Learned APP, on telephonic instructions from the Investigating Officer, makes a statement that said order has not been challenged till date. If it is so, observations made therein would not only bind the parties but also this court. It would be relevant to take note of the said paragraph of the said order which is as follows :- 11. This court has discussed the conduct of the first informant. Prosecution did not produce the accidental death inquiry papers nor they were able to point out that on the date of the incident the mother of the applicant made him a phone call. Those documents were necessary because the applicant has a specific case that he was never taking care of the deceased on the contrary, his mother was looking after them since they were not residing together. Even if we brush aside such arguments, there should be material to corroborate his case. At this juncture, the prosecution could not point out the other possible evidence. Secondly, whether the injuries were caused due to dragging or falling from height could be ascertained ABA-2177-2024 (copy).odt 4 of 6 from the nature of the injuries. But since this is an application for bail, it would be inappropriate to comment on its probabilities. So far as the fact of catheter treatment is concerned, there was no denial. Multiple hymenal tears may possibly be caused due to catheter treatment. So prima facie, it would be difficult to hold at this juncture that it was a case of rape and murder. Prima facie evidence is produced on record to show that on the date of the incident, the applicant was not in the hostel. Both learned APP and learned counsel for the victim are correct that it is a matter of appreciation of evidence on merit. But before determining its legality, law does not bar this court to consider such defense. Admittedly, no weapons have been used in the crime. The applicant is behind the bar for sufficient time. Papers produced before this court by the learned APP reveal that the material investigation against the applicant is completed. Therefore, this court is of the view that detention of the applicant would serve no purpose. 6. Apart from the above observations, charge sheet indicates that there are statements recorded of witnesses showing that the incident in question has occurred at around 6 A.M. at Latur, whereas the applicant was present in Pune, around the same time. Distance between these two places is about eight hours' drive. Apart from the oral statement of witnesses, there is also evidence in the form of CDR indicating presence of the applicant at Pune and not at the place of incident. 7. In the light of these facts and also in view of the fact that the liberty of the applicant was protected prior to one year eight months, he ABA-2177-2024 (copy).odt 5 of 6 has cooperated with the investigation, there is no grievance on the prosecution about he misused liberty granted to him. This court, therefore, finds no justification not to confirm interim relief. Hence, application stands allowed by confirming interim order dated 27.01.2025. 8. Fees of appointed counsel is quantified at Rs.10,000/-. (R. M. JOSHI, J.) B. S. Joshi ABA-2177-2024 (copy).odt 6 of 6