Bombay High Court
Kailash Tulshiram Sakhare vs The State Of Maharashtra Through Pso ... on 20 August, 2024
2024:BHC-NAG:9319
(1) 29.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, Counsel for applicants.
Ms. Trupti Udeshi, APP for non-applicant /State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 20/08/2024
1. By this application, the applicants are
seeking anticipatory bail in connection with Crime
No.155/2024 registered under Section 108 and 3(5)
of the Bharatiya Nyaya Sanhita (BNS), 2023.
2. The accusation against the present
applicants is on the basis of report lodged by wife of
the deceased namely Sandhya Shivaji Dhage alleging
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 from
Dr.Vishwambar Devman Zadokar and for payment of
(2) 29.aba.561.2024
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 against the present
applicants.
3. Learned Counsel for the applicants
submitted that as far as the allegations against the
present applicants are concerned, there was no
money transaction between them and the deceased.
As far as the custodial interrogation is concerned,
which is not required. In view of that the interim
protection granted to them deserves to be confirmed.
4. Learned APP strongly opposed the said
application and submitted that after interim
protection is granted to the present applicants, they
have not attended the Police Station, they have not
cooperated with the investigating agency, in such
circumstances, it would be difficult for the
investigating agency to investigate the matter. She
further submitted that due to the continuous
harassment at the hands of the present applicants,
the deceased has committed suicide. In view of that
the application deserves to be rejected.
(3) 29.aba.561.2024
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 out of
money transaction, the alleged incident has occurred
and the deceased has committed suicide. It is
alleged that as the present applicants visited the
school of the deceased and humiliated him in
presence of the other staff and therefore, deceased
fade up and committed suicide.
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
22.09.2022. 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.
7. In the case of Lata Vs. State of
Maharashtra and another (supra) also this Court
has considered the catena of decisions and observed
(4) 29.aba.561.2024
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
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
contention of the learned APP is concerned that the
applicants has not cooperated with the investigating
agency and not attended the Police Station, stringent
conditions deserves to be imposed on the present
applicants. In view of that I proceed to pass
following order:
ORDER
(i) The interim protection granted to the
present applicants by order dated 01.08.2024 is
confirmed with a condition that the applicants
shall attend the concerned Police Station twice
in a week on Monday and Thursday between
10.00 a.m. to 1.00 p.m. and shall cooperate with
the investigating agency.
(ii) On failure to attend the Police Station
and cooperate with the investigating agency
would lead to the cancellation of the bail.
(5) 29.aba.561.2024
(iii) The applicants shall not enter into the
vicinity of village Onkar Nagari Ghatpuri Road
Khamgaon, Taluka Khamgaon, District Buldhana,
till filing of the charge-sheet.
(iv) The applicants shall not induce, threat
or promise any witnesses who are acquainted
with the facts of the case.
(v) On failure of attending the Police
Station even once, the Investigating Officer is at
liberty to move to this Court for appropriate
orders.
9. The application is disposed of.
(URMILA JOSHI-PHALKE, J.)
Sarkate
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 22/08/2024 14:55:37
