Mumbai, August 22, 2022 – Krishna Kalyan Gaikwad, a 28-year-old businessman, has been granted bail by the Sessions Court in Mumbai in connection with an alleged suspicious death and property grabbing case. Gaikwad was arrested in connection with Crime No. 561 of 2021, registered at Matunga Police Station, for offenses under Sections 304 (culpable homicide not amounting to murder), 201 (causing disappearance of evidence), 182 (false information, with intent to cause public servant to use his lawful power to the injury of another person),¹ 120-B (criminal conspiracy), 465 (forgery), 467 (forgery of valuable security), 471 (using as genuine a forged document), 495 (bigamy or marriage with concealment of former marriage), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) of the Indian Penal Code.²

The Allegations

The case stems from a complaint filed by Natasha Sethna, who alleged that her father’s death was suspicious and that his caretaker, Accused No. 1, had manipulated circumstances to inherit his property. Sethna claimed that her father had employed Accused No. 1 as a caretaker and that Accused No. 1 had isolated him from his daughter. She further alleged that Accused No. 1 was responsible for her father’s death, had obtained a false death certificate indicating natural causes, and had falsely claimed to be her father’s legally wedded wife to acquire his property.

Gaikwad’s Defense and Arguments

Shri. Paresh Thakar, representing Gaikwad, argued that his client was falsely implicated. He stated that the deceased had died of natural causes and was brought dead to the hospital. No autopsy was conducted. He further argued that Accused No. 1 and the deceased had entered into a marital relationship and that the deceased had devolved his property to her during his lifetime. Gaikwad also claimed that the complaint was a counterblast to a civil suit filed by Accused No. 1 against the complainant.

Prosecution’s Objections

Smt. Seema Deshpande, the Additional Public Prosecutor (APP), and the Investigating Officer (IO) opposed the bail application. They argued that there was a prima facie case against Gaikwad for withholding the cause of death by providing misinformation to the complainant and for obtaining a death certificate without revealing the true cause of death, thereby preventing a post-mortem examination.

Court’s Observations and Decision

Additional Sessions Judge Anand Pandurang Kanade noted that the charge sheet had been filed. He also observed that Accused No. 1 was residing with the deceased as his wife at the time of his death and that their marriage was registered. The court also acknowledged the civil suit filed by Gaikwad against the complainant.

“After going through the papers on record, it reveals that at the time of death of the deceased Accused No. 1 was residing with the deceased as his wife. Documents on record also shows that their marriage was registered,” Judge Kanade stated in the order.

The court found that the IO’s response did not provide specific reasons for Gaikwad’s continued detention. Considering the nature of the allegations and the filing of the charge sheet, the court deemed further detention unwarranted.

Bail Conditions

Gaikwad was granted bail on a personal bond of Rs. 15,000 and one or two solvent sureties of the same amount. The court imposed the following conditions:

• A provisional cash security of Rs. 15,000 was allowed for one month in lieu of the surety bond.
• Gaikwad must submit a list of at least three blood relatives with their addresses and contact details.
• He and his surety must inform the police and the court of any change in their residential addresses.
• He must submit copies of at least two identity and address proofs.
• The IO must conduct a physical verification of Gaikwad’s residential address.
• Gaikwad must not threaten witnesses or tamper with evidence.
• He must not leave the territorial limits of Mumbai without prior permission.
• He must not commit similar offenses while on bail.
• The bail process will be completed before the Metropolitan Magistrate.

The court’s decision reflects a consideration of the completion of the investigation, the marital relationship between the deceased and Accused No. 1, and the lack of specific reasons for continued detention. The conditions imposed aim to ensure Gaikwad’s cooperation with the ongoing judicial process and prevent any interference.