MUMBAI, INDIA – February 21, 2024 – In a decision that has drawn attention to the complexities of suicide abetment cases, Hitesh @Shubham Chandrakant Kharat, accused of abetting the suicide of a 17-year-old girl, has been granted bail by the Sessions Court in Greater Bombay. The ruling, delivered by Additional Sessions Judge S.M. Tapkire on February 15, 2024, comes amidst strong opposition from the victim’s family and the prosecution.

Kharat was arrested on January 31, 2024, following the registration of C.R. No. 60/2024 at Pantnagar Police Station under Section 306 of the Indian Penal Code (IPC). The victim, a minor studying in 11th grade, allegedly died by suicide on January 23, 2024, by jumping from the 15th floor of her building.

The victim’s mother, the informant in the case, alleged that Kharat, a 24-year-old, had been harassing her daughter. She claimed that Kharat had used abusive language towards her daughter during a procession on April 14, 2023, and had been forcibly attempting to establish a romantic relationship with her. The mother further stated that Kharat’s Bluetooth device was found in their home, and that he was seen near their building on multiple occasions. She also alleged that her daughter had informed them that Kharat had cheated her and questioned her about money received from the sale of their home.

The prosecution and the victim’s family strongly opposed Kharat’s bail application, arguing that he was responsible for the victim’s suicide due to the alleged harassment, pressure, and deception. They also raised concerns about witness intimidation by Kharat’s relatives and the need for further investigation, including recording statements from the victim’s friends.

However, Kharat’s defense, led by Advocate Shivaji Farakate, denied all allegations, claiming false implication and highlighting the delay in filing the police report. He argued that there was no evidence of abetment and that the investigation had not yielded any incriminating material from the seized mobile phones of the victim and the accused. He also argued that the allegations relating to cheating, and gossiping with other girls, do not amount to the level of harassment that would cause someone to commit suicide.

Judge Tapkire, after considering the arguments and available evidence, acknowledged the alleged relationship between the victim and Kharat and his presence near her residence. However, the court noted that the investigation had not produced any significant evidence beyond the seized mobile phones. The court also pointed out the delay in registering the FIR and the lack of recorded statements from crucial witnesses.

Ultimately, the court granted Kharat bail, subject to stringent conditions:

• Bail Bond: Kharat was required to execute a personal bond of Rs. 1,00,000/- with one or two solvent sureties of the same amount.
• No Tampering: He is prohibited from tampering with prosecution witnesses or evidence.
• Weekly Police Attendance: He must report to Pantnagar Police Station every Tuesday between 11:00 AM and 5:00 PM until the charge sheet is filed.
• Court Attendance: He must attend all trial dates.
• No Criminal Activity: He is prohibited from engaging in any criminal activity.
• Travel Restriction: He cannot leave India without prior court permission.
• Address and Contact Information: He must provide his residential address proof and contact numbers to the police.
• Surety Compliance: He must ensure surety compliance before the trial court.

The decision has sparked discussions about the challenges in proving abetment in suicide cases and the balance between individual liberty and the need to protect vulnerable individuals. The case highlights the delicate nature of investigations involving sensitive personal relationships and the importance of thorough evidence gathering. The public and legal observers will continue to observe the development of this case as it proceeds through the judicial system.