Mumbai, Maharashtra – A Mumbai Additional Sessions Court has rejected the bail application of Periyaswami Senthilkumar Naidu, who is accused of abetting the suicide of his wife, Megha, within three years of their marriage. The court, presided over by Her Honour Additional Sessions Judge Smt. Sanjashree J. Gharat (C.R. No. 39), observed the gravity of the allegations, particularly concerning dowry demands, harassment, and the victim’s young age and two minor children.
The order was passed on April 27, 2022, in Bail Application No. 702 of 2022, pertaining to C.R. No. 28 of 2022 registered with Antop Hill Police Station. Naidu is charged under sections 304-B (dowry death), 498-A (cruelty by husband or relatives), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace), 506 (criminal intimidation), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
Prosecution’s Case: Persistent Harassment and Dowry Demands
As per the First Information Report (FIR), Megha and the accused had a love marriage in January 2019. Despite this, the prosecution alleges a pattern of harassment following the birth of their first son in March 2020. Key allegations include:
- Dowry Demands: The accused allegedly began demanding 25 tolas of gold ornaments after their first child was born. His mother and sister also taunted the complainant (Megha’s mother) for not bringing sufficient dowry.
- Alcohol-Induced Violence: The accused, a habitual drinker, would return home under the influence of liquor, quarrel, abuse, and physically assault Megha.
- Cruelty over Appearance & Money: He allegedly demanded money for dental treatment, teasing Megha about the improper placement of her teeth, despite it being a love marriage where he was aware of her appearance.
- Extra-Marital Affair & Violence: Upon inquiry about an alleged extra-marital affair, he would beat her.
- Repeated Assaults:
- In February 2021, he allegedly beat Megha and threw a mobile phone at her, causing an eye injury for which she sought treatment at Sion Hospital.
- In April 2021, he allegedly beat her again after drinking, causing a burn injury, for which she received treatment from Dr. Pedhanekar.
- Threats of Suicide: The accused repeatedly compelled Megha to return to their matrimonial home by threatening to commit suicide if she refused.
- Financial Demands: The complainant’s family repeatedly transferred money to the accused’s account due to his demands, including for hospital bills after the birth of their second child and for the treatment of their second son, Shivansh, who had a leg deformity.
- Final Incident: Approximately 10 days before the suicide, Megha called her mother, informing her that the accused was beating her. Her mother found swelling over Megha’s eye and took her home. However, within two days, the accused again came to the complainant’s house and compelled Megha to return, threatening suicide. On February 17, 2022, Megha informed her mother via video call that she needed ₹35,000/- for dental treatment as the accused was “teasing her teeth are not properly placed.” The next day, February 18, 2022, the complainant received information that Megha had committed suicide by hanging.
Applicant’s Arguments for Bail
Ld. Adv. Prashant Malik, representing Periyaswami Senthilkumar Naidu, sought bail on the grounds that his client was falsely implicated and that there was no documentary evidence to substantiate the accusations. He argued that custodial interrogation was no longer required and highlighted the applicant’s responsibility for two minor sons.
The defense claimed that on February 18, 2022, the accused and the victim had a “trivial” fight, went to sleep together in the same room, and the accused only discovered his wife’s suicide upon waking up. A delay in filing the FIR was also cited.
Prosecution’s Opposition
Ld. APP Kalpana Hire, representing the State, strongly objected to the bail application, stating that the investigation was in progress and the accused had not provided necessary information during police custody. She expressed concerns that if released on bail, the accused might tamper with prosecution evidence and threaten victims and witnesses.
Court’s Analysis and Decision
Judge Smt. Sanjashree J. Gharat carefully considered the prosecution’s case and arguments. The court noted that Megha, a 23-year-old mother of two young children (aged two years and eight months), committed suicide within a short period of three years from her marriage date. The judge highlighted that the accused was present when the suicide occurred but claimed he was sleeping and unaware.
The court observed the consistent grievance of the complainant that the accused assaulted his wife on multiple occasions, causing injuries, and would coerce her return by threatening suicide. It emphasized that “causing ill-treatment due to non satisfaction of any demand of money amounts to cruelty.” The judge found it “not proper on the part of Accused to tease the deceased wife for not having her teeth in proper place and demanding money from her parents for the said treatment.”
Given that the “investigation is in progress” and “proper opportunity should be made available to investigate into the matter,” the court was “not inclined to grant bail to the Accused at this stage.”
Order
The Bail Application No. 702 of 2022 stands rejected.