Bombay High Court
Kailash Tulshiram Sakhare vs The State Of Maharashtra Through Pso ... on 1 August, 2024
(1) 6.aba.561.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (ABA) NO.561 OF 2024
Kailash Tulshiram Sakhare and another
Vs.
State of Maharashtra, Through Police Station Officer, Jalamb, Buldhana
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. M. N. Ali, Advocate for applicant.
Ms. Trupti Udeshi, APP for respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 01/08/2024
1. Apprehending the arrest at the hands of
police in connection with Crime No.155/2024
registered under Section 108 and 3(5) of the
Bharatiya Nyaya Sanhita (BNS), 2023, the applicants
approached this Court for grant of pre-arrest bail.
2. The accusation against the present
applicant is on the basis of report lodged by Sandhya
Shivaji Dhage wife of the deceased on an allegation
that her husband was serving as a Headmaster in
Zilla Parishad School, Panchayat Samiti, Khamgaon.
One Rahul Khanderao has obtained an amount of
Rs.18 Lakhs from her husband as a hand loan.
Thereafter her husband has demanded the said
amount but said Rahul Khanderao has not returned
the said amount to her husband and therefore, her
husband has obtained the amount of Rs.1 Lakh from
Dr.Vishwambar Devman Zadokar and for repayment
(2) 6.aba.561.2024
of the said amount, he was harassed. It is further
alleged that though her husband repaid the amount
thereafter also the present applicants were
demanding the additional amount and visiting his
school and humiliating him in presence of the other
employees as well as the staff of the school. Being
fed up with the same harassment, the deceased has
committed suicide. On the basis of the said report
police have registered the crime. It further revealed
that from the person of the deceased one suicide
note was seized wherein the names of the present
applicants are mentioned.
3. Learned Counsel for the applicants
submitted that as far as the allegations against the
present applicants are concerned, which are false
one. The applicants are not at all concerned, there
was no transaction between them and the deceased.
As far as the custodial interrogation is concerned,
which is not required. From the recitals of the FIR,
the ingredients of the abetment are not made out
and in view of that, they be protected by granting
ad-interim protection.
4. Learned APP strongly opposed the said
application on the ground that though the demand of
money is not harassment or abetment in view of
Section 108 of the Bharatiya Nyaya Sanhita (BNS),
2023 but insulting and humiliating the deceased in
presence of the other staff by demanding the amount
(3) 6.aba.561.2024
definitely amounts an abetment at the hands of the
present applicants. She submitted that considering
the present applicants visited the school of the
deceased and in presence of the staff, the amount
was not only demanded but he was humiliated and
therefore, the ingredients of the offence of abetment
are satisfied. As far as the custodial interrogation is
concerned, which is required and therefore, the
prayer for grant of ad-interim protection deserves to
be rejected.
5. After hearing the learned Counsel for the
applicant and learned APP for the State, perused the
recitals of the FIR from which it reveals that there
was money transaction initially between one Rahul
Khanderao and the deceased, as Rahul Khanderao
has not repaid the amount the deceased was
bankrupt and therefore, he obtained the amount
from one Dr.Vishwambar Zadokar, for recovery of the
said amount the deceased was harassed. It further
reveals from the recitals of the FIR, though amount
was repaid by the deceased then also the applicants
have visited the school and humiliated him which
resulted into the suicide by the deceased. As far as
the abetment is concerned it reveals that as per the
prosecution, the visit of the present applicant to the
school and humiliation in presence of the other staff
is sufficient to show the abetment at the hands of
the present applicants.
(4) 6.aba.561.2024
6. Learned Counsel for the applicants placed
reliance on the decision of the Hon'ble Apex Court in
the case of Shabbir Hussain Vrs. State of Madhya
Pradesh and Ors. in Special Leave to Appeal
(Crl.) No.7284/2017 and the Criminal Writ
Petition No.866/2021 [Lata vs. State of
Maharashtra and another] decided on
22.09.204. The Hon'ble Apex Court considered the
aspect of the abetment and held that in order to
bring a case within the provisions of Section 306 of
IPC, there must be a case of suicide and in the
commission of the said offence, the person who is
said to have abetted the commission of suicide must
have played an active role by an act of instigating or
by doing a certain act to facilitate the commission of
suicide. Mere harassment without any positive action
on the part of the accused proximate to the time of
occurrence which led to the suicide would not amount
to an offence under Section 306 of Indian Penal
Code.
7. In the case of Lata Vs. State of
Maharashtra and another (supra) also this Court
has considered the catena of decisions and observed
that the principles that have been laid down by the
Apex Court in the aforementioned judgments in the
context of Sections 107 and 306 of the IPC, have to
be applied to the facts of the individual case to
conclude, as to whether the criminal proceedings
deserve to be interdicted at this stage of FIR and
(5) 6.aba.561.2024
charge-sheet itself or that the accused deserves to
face trial.
8. At this stage, it would not be appropriate
to comment on whether the abetment is made out or
not but considering the allegation against the present
applicants admittedly, the custodial interrogation of
the present applicants is not required. As far as the
part of the abetment is concerned, there is no
specific allegation as to abetment. In view of that,
the applicants have made out a case for grant of
ad-interim anticipatory bail. Accordingly, I proceed
to pass following order:
ORDER
(i) In the event of arrest, in connection
with Crime No.155/2024 registered under
Section 108 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023, the applicant No.1 Kailash
Tulshiram Sakhare and applicant No.2
Shaikh Jamil @ Jammusaheb Shaikh Amir
shall be released on ad-interim anticipatory bail
on executing PR bond of Rs.25,000/- each with
one solvent surety in the like amount.
(ii) The applicants shall attend the
concerned Police Station once in a week on
Monday between 10.00 a.m. to 1.00 p.m. and
shall cooperate with the investigating agency.
(iii) The applicants shall not enter into the
vicinity of village Onkar Nagari Ghatpuri Road
Khamgaon, Taluka Khamgaon, District Buldhana,
till further orders.
(6) 6.aba.561.2024
(iv) The applicants shall not induce, threat
or promise any witnesses who are acquainted
with the facts of the case.
9. Stand over after two weeks.
(URMILA JOSHI-PHALKE, J.)
Sarkate
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 05/08/2024 19:29:20
