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Bapurao Shivaji Katare vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

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Bombay HC
2025
Bapurao Shivaji Katare vs the State of MaharashtraBapurao Shivaji Katare v. the State of Maharashtra

Disposed¶¶26

Bapurao Shivaji Katare v. the State of Maharashtra

Bombay HC5 Aug 2025ABA/2178/2025

Case brief

AI extract

What is this about?

Bombay High Court anticipatory bail application (ABA No. 2178 of 2025), Bapurao Shivaji Katare v. The State of Maharashtra; allegations of abetment of suicide of the applicant's spouse; complaint lodged only after the deceased's demise, no suicide note or direct evidence; interim protection from coercive action granted till 29 August 2025, conditional on attending Samta Nagar Police Station and cooperating with investigation; coram R.N. Laddha, J.; advocates: Aabad Ponda (Senior Advocate) for applicant, Anand Shalgaonkar (APP) for State, Shailesh Kharat for unnamed intervenor.

What did the court decide?

Matter adjourned by consent to 29 August 2025 with interim protection: no coercive action against the applicant till the next date of hearing, subject to his attending the concerned police station as and when required by the Investigating Officer and extending full cooperation to the ongoing investigation.

Why is it important?

Interim protection granted: until the next date of hearing (29 August 2025), no coercive action shall be taken against the applicant in connection with the present crime. ¶¶26

What the court decided

AI extract

Outcome

Matter adjourned by consent to 29 August 2025 with interim protection: no coercive action against the applicant till the next date of hearing, subject to his attending the concerned police station as and when required by the Investigating Officer and extending full cooperation to the ongoing investigation.

Issue for consideration

Whether the allegations in the FIR, even taken at their face value and accepted in their entirety, prima facie disclose commission of any offence attributable to the applicant (counsel contended there is no prima facie case of abetment). +1 more

Ratio / Principle

Interim protection granted: until the next date of hearing (29 August 2025), no coercive action shall be taken against the applicant in connection with the present crime.

Key takeaways

The interim protection was made conditional: the applicant shall attend the concerned police station as and when required by the Investigating Officer and shall extend full cooperation to the ongoing investigation.ratio¶¶26

Detailed headnote1 paragraphs

Anticipatory Bail Application — High Court of Judicature at Bombay (Criminal Appellate Jurisdiction), R.N. Laddha, J. Applicant Bapurao Shivaji Katare, represented by Sr. Adv. Aabad Ponda, submitted that he was lawfully married to the deceased in 2003 with two children (aged about 21 and 18), and that even if the FIR allegations are taken at face value they do not prima facie disclose any offence attributable to him; the complainant levelled allegations only after the demise of the deceased, with no suicide note or direct evidence. The learned APP sought time to take instructions. By consent, the matter was adjourned to 29 August 2025 with interim protection: no coercive action against the applicant till the next date, subject to his attending the concerned police station as and when required by the Investigating Officer and extending full cooperation to the ongoing investigation.

A

Mamta Kale

922-aba-2178-2025.docx

MAMTA AMAR KALE

Digitally signed byMAMTA AMAR KALEDate: 2025.08.0520:37:21 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

Anticipatory Bail Application No. 2178 of 2025 Bapurao Shivaji Katare … Applicant

versus

The State of Maharashtra …Respondent

Mr Aabad Ponda, Senior Advocate a/w Mr Shekhar Jagtap, Mr Kiran Nikam and Ms Sairuchita Chowdhary i/b J Shekhar Associates, for the Applicant.

Mr Anand Shalgaonkar, APP, for Respondent / State. Mr Shailesh Kharat, for the Intervenor.

PI Suryakant Kharat, Samta Nagar Police Station, Mumbai, is present.

Coram: R.N. Laddha, J. Date: 5 August 2025

P.C.:

. The learned Senior Counsel appearing on behalf of the applicant submits that the applicant was lawfully married to the deceased in the year 2003. The marriage subsisted for two decades, and two children, aged about 21 years and 18 years, were born out of the said wedlock. The learned Senior Counsel further submits that even if the allegations set out in the FIR are taken at their face value and accepted in their entirety, they do not prima facie disclose the commission of any offence attributable to the applicant.

Page 1 of 3

5 August 2025

Mamta Kale

922-aba-2178-2025.docx

The learned Senior Counsel further submits that the complainant has, for the very first time, levelled allegations against the applicant only after the unfortunate demise of the deceased. These allegations appear to be sudden, uncorroborated, and largely based on assumptions, presumptions, and conjunctures, without any supporting prima facie material. Notably, there is neither a suicide note nor any direct evidence linking the applicant to the alleged offence. The FIR appears to have been registered in the immediate aftermath of the incident and seems to reflect the emotional distress and grief of the complainant rather than being grounded intangible or credible material.

The learned Senior Counsel submits that there is no direct or cogent evidence available on record to demonstrate any active role on the part of the applicant in terms of instigating, provoking, or intentionally aiding the deceased in committing suicide. The vague assertions pertaining to alleged domestic discord, in the absence of any proximate or specific act of cruelty or instigation, fall short of making out a prima facie case of abetment under the relevant provisions of law.

The learned APP, however, seeks time to take necessary instructions in the matter.

Page 2 of 3

5 August 2025

Mamta Kale

922-aba-2178-2025.docx

By consent, the matter is adjourned to 29 August 2025. In the meantime, no coercive action shall be taken against the applicant in connection with the present crime till the next date of hearing. The applicant shall, however, attend the concerned police station as and when required by the Investigating Officer and shall extend full cooperation to the ongoing investigation.

(R.N. Laddha, J.)

Page 3 of 3

5 August 2025

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the allegations in the FIR, even taken at their face value and accepted in their entirety, prima facie disclose commission of any offence attributable to the applicant (counsel contended there is no prima facie case of abetment).medium confidence¶¶14
2.
Whether the applicant is entitled to anticipatory bail / interim protection from coercive action in connection with the present crime.¶¶6
The court held
Interim protection granted: until the next date of hearing (29 August 2025), no coercive action shall be taken against the applicant in connection with the present crime.ratio¶¶26

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR registered against the applicant in connection with the death of the deceased; the complainant levelled allegations for the first time only after the demise; no suicide note and no direct evidence linking the applicant to the alleged offence.¶¶19
Prior proceeding
Investigation of the crime is with Samta Nagar Police Station, Mumbai; the Investigating Officer, PI Suryakant Kharat, was present before the Court.¶¶11
Prior proceeding
At this hearing the learned APP sought time to take necessary instructions in the matter, following which the matter was adjourned by consent.¶¶21

Parties & counsel

AI extract

applicant
Bapurao Shivaji Katare¶¶6
Aabad Ponda (Sr.), Shekhar Jagtap, Kiran Nikam, Sairuchita Chowdhary
respondent
The State of Maharashtra¶¶8
Anand Shalgaonkar

Coram

AI extract

R.N. Laddhaauthor¶¶12

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 5 Aug 2025 · August
Registered: 2 Aug 2025
Case no.: ABA/2178/2025
CNR: HCBM010425162025
Bench: N. R. Borkar
Disposal: Disposed Off
Case type: Anticipatory Bail Application

All orders in this case

10 orders share this CNR

5 Aug 2025Order 1 — this page · N. R. Borkar
22 Sept 2025Order 2 · N. R. Borkar
1 Oct 2025Order 3 · N. R. Borkar
14 Oct 2025Order 4 · N. R. Borkar
18 Nov 2025Order 5 · N. R. Borkar
9 Dec 2025Order 6 · N. R. Borkar
8 Jan 2026Order 7 · N. R. Borkar
30 Jan 2026Order 8 · N. R. Borkar
23 Feb 2026Order 9 · N. R. Borkar
6 Mar 2026Order 10 · N. R. Borkar

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Cite this judgement

Bapurao Shivaji Katare v. the State of Maharashtra, ABA/2178/2025 (BOM), decided on 5 August 2025.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

FIR registered against the applicant in connection with the death of the deceased; the complainant levelled allegations for the first time only after the demise; no suicide note and no direct evidence linking the applicant to the alleged offence.
Investigation of the crime is with Samta Nagar Police Station, Mumbai; the Investigating Officer, PI Suryakant Kharat, was present before the Court.

View full history

Bench / Coram

R.N. Laddha

Parties & counsel