Mumbai, February 2, 2022 – Sachin Kishor Mahadik (31) and Kishor Kamlakar Mahadik (64) have been denied bail by the Sessions Court for Greater Mumbai in connection with the abetment of suicide of a woman and her three-year-old child. Additional Sessions Judge Sonali P. Agarwal (Court Room No. 41) rejected the bail application on January 31, 2022.
The Mahadiks were arrested in connection with C.R. No. 14 of 2022, registered at the Chunabhatti Police Station. They were charged under Section 306 (abetment of suicide) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code1 (IPC).
Background and Allegations:
The prosecution alleges that Shruti, the deceased, lived with her husband Yashraj Mahadik and his family on the ground floor of Matrusmruti building. The Mahadiks, her husband’s uncle and cousin respectively, resided on the first floor.
The prosecution claims that ongoing family disputes, particularly regarding property, led to incidents of mental and physical cruelty towards Shruti. They allege that in July 2020, during a quarrel, Kishor Mahadik abused and beat Shruti, and Sachin Mahadik bit her hand. A non-cognizable complaint was filed at the Nehrunagar Police Station.
On January 12, 2022, Shruti and her three-year-old son Rajveer committed suicide by jumping from a building in Chembur. A suicide note allegedly written by Shruti implicated the Mahadiks, stating they had subjected her to domestic violence.
Arguments Presented:
Advocate Mr. Kakade, representing the Mahadiks, argued that the case stemmed from property disputes and that the July 2020 incident was isolated. He contended that there was a significant time gap between the alleged harassment and the suicide, and that it was implausible for the harassment to have driven Shruti to such extreme measures.
Advocate Mr. Tejas Bhatacharya, representing the intervener, argued that the Mahadiks had subjected Shruti to constant mental and physical torture, particularly when she was alone with her child. He cited the medical certificate from the July 2020 incident and the suicide note as evidence of their culpability.
Additional Public Prosecutor (APP) Mrs. Meera Choudhary-Bhosale supported the prosecution’s case, emphasizing the suicide note and the allegations of sustained harassment.
Court’s Reasoning and Decision:
Judge Agarwal reviewed the evidence, including the suicide note, the medical certificate, and the allegations of harassment. The court noted the intervener’s claim that Shruti was subjected to constant mental and physical torture, particularly when she was alone with her child.
The court distinguished the case from cited judgments, emphasizing that the allegations involved more than mere abusive language and that there was prima facie evidence of positive acts instigating Shruti to commit suicide.
The court expressed concerns about witness tampering and absconding if the Mahadiks were granted bail, considering the ongoing investigation and the fact that they resided in the same building as Shruti’s husband and father-in-law.
Order Issued:
The court rejected the Mahadiks’ bail application, concluding that they were not entitled to bail due to the seriousness of the allegations and the potential for witness tampering and absconding. The order was signed on January 31, 2022, and uploaded on February 2, 2022, at 12:57 p.m.
This decision reflects the court’s consideration of the gravity of abetment of suicide, the evidence of sustained harassment, and the need to protect witnesses and ensure the integrity of the investigation.