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2026 DAILYLAW 9575 (BOM)

MANISHA SAYAJI DHAVALE v. THE STATE OF MAHARASHTRA AND ANR.

ABA/491/2026 · 2026-09-21

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Judgment text

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41 - ABA - 491 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 491 OF 2026 Manisha Sayaji Dhavale … Applicant Versus. The State of Maharashtra & Anr. … Respondents ------- Mr. Abhishek Nandimath i/by Mr. Vijay Bendgule for the Applicant. Dr. A. A. Takalkar, APP for the State. G. K. Kshirsagar, Police Constable, Tembhurni Police Station, is present. ------- CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 21, 2026 P.C.: 1. Heard, Mr. Abhishek Nandimath, learned Advocate for the Applicant and Dr. A. A. Takalkar, 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 Crime No. 401 of 2026 registered at Tembhurni Police Station for offences punishable under Sections 108, 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Mr. Abhishek Nandimath, learned Advocate for the Applicant, states that there are three (3) accused in the present crime, Applicant VRJ 1 41 - ABA - 491 - 2026.doc being Accused No. 3. 4. The prosecution case is that Dattatraya Shinde (deceased) i.e. the father of the Informant, had a business with Accused No. 2 (Sheetal Waghmode). A dispute arose regarding the amount payable by Accused No. 2 to the deceased. In view of the said dispute, Accused No. 2, along with the Applicant (Accused No. 3) and Sudhakar Bansode (Accused No. 1), started harassing and threatening the deceased. The deceased succumbed to the pressure tactics and committed suicide. A suicide note was left by the deceased. 5. Mr. Abhishek Nandimath, learned Advocate for the Applicant, submits that the allegations against the Applicant in the suicide note are that the Applicant failed to do justice to the deceased. He submits that there are no overt acts of harassment or instigation against the Applicant. He submits that the allegations of instigation would be against the other accused in the crime. 6. Dr. A. A. Takalkar, learned APP for the State, submits that the dispute appears to have arisen due to the non-payment of the amount due and payable by Accused No. 2 to the deceased. She further submits that the deceased named the Applicant in the suicide note, alleging that the Applicant did not do justice to the deceased. 7. Perused the records. VRJ 2 41 - ABA - 491 - 2026.doc 8. The suicide note of the deceased is referred to in the FIR dated 7th June 2026. The suicide note indicates that the deceased had made a grievance against the Applicant for having done injustice. Prima facie, there is no material on record to indicate instigation or incitement on the part of the Applicant, nor is there any material against the Applicant to link the act of suicide. 9. Mr. Abhishek Nandimath, learned Advocate for the Applicant, has produced the Applicant’s medical records, which indicate that the Applicant suffers from “1. Mild Hepatomegaly with grade-I fatty changes; 2. Changes of cystitis with UTI; 3. Bulky, glabular uterus with inhomogeneous myometrial echotexture likely s/o changes of adenomyosis; mildly thickened endometrium”, as suggested in the Ultrasonography of Abdomen and Pelvis report dated 22nd August 2026 of the Mediscan Imaging and Fetal Medicine Centre Private Limited. 10. The Applicant is a woman. Considering the facts and circumstances, as well as the nature of the allegations against the Applicant, the custodial interrogation of the Applicant is not necessary in Crime No. 401 of 2026. 11. In view of the above, this Application is allowed on the following terms: (i) In the event of arrest of the Applicant in Crime No. 401 of VRJ 3 41 - ABA - 491 - 2026.doc 2026, registered at Tembhurni Police Station for the offences punishable under Sections 108, 115(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, the Applicant shall be released on bail upon furnishing a PR bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only), with two sureties in the like amount to the satisfaction of the Investigating Officer, Tembhurni Police Station. (ii) The Applicant shall not directly or indirectly make any 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. (iii) The Applicant shall provide the Investigation Officer, Tembhurni Police Station, with her residential address along with proof, his contact number and must inform the Investigating Officer of any changes to this information from time to time. (iv) The Applicant shall report to the Investigating Officer at Tembhurni Police Station, Solapur, on 23rd and 24th September 2026, from 10:00 A.M. to 1:00 P.M. and thereafter as and when required by the Investigating Officer. The Applicant shall cooperate with the Investigation Officer in the investigation of Crime No. 401 of 2026. VRJ 4 41 - ABA - 491 - 2026.doc 12. The observations in this order are made for the purpose of deciding this Application and would not have any impact on trial. 13. Anticipatory Bail Application No. 491 of 2026 is allowed and disposed of. (ASHWIN D. BHOBE, J.) VRJ 5 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.21 20:56:00 +0530