Mumbai: The Additional Sessions Judge, Sonali P. Agarwal (C.R. NO. 41), has granted bail to Sachin Kishor Mahadik, 31, and Kishor Kamlakar Mahadik, 64 (father and son), who were accused of abetting the suicide of Shruti, the wife of Sachin’s cousin. The order, issued on April 8, 2022, allows their release on a personal bond and solvent surety of Rs. 15,000/- each.

The applicants were arrested in connection with Chunabhatti Police Station C.R. No. 14 of 2022, for the offense punishable under Section 306 (abetment of suicide) read with 34 (common intention) of the Indian Penal Code (IPC).

Background of the Case

The case involves a complex family dispute over an ancestral property in the Matrusmruti building in Kurla – East, Mumbai. The deceased, Shruti, resided on the ground floor with her husband, Yashraj Mahadik (son of Nandadeep Mahadik), and his parents and grandmother. The applicants, Kishor Mahadik (uncle of Yashraj) and his son Sachin Mahadik, reside on the first floor of the same building, with a separate staircase.

The prosecution alleged that the family dispute, particularly over property, intensified after the demise of Yashraj’s mother in July 2016 and grandmother in August 2018. A key incident cited was in July 2020, when Yashraj and Nandadeep Mahadik contracted Covid-19. Allegedly, Kishor Mahadik and his family closed a common corridor door, leading to a heated exchange. It was claimed that Kishor Mahadik abused and beat the deceased, and Sachin Mahadik bit her hand, leading to a complaint at Nehrunagar Police Station.

On January 12, 2022, Shruti and her three-year-old son, Rajveer, allegedly committed suicide by jumping from the Alta Vista Society building in Chembur. The FIR, lodged later, alleged that the applicants, Kishor Mahadik and his cousin (co-accused Vidya Mahadik), subjected Shruti to mental and physical cruelty, leading her to take her own life. A suicide note, later produced as a xerox copy, reportedly mentioned the applicants’ family.

Arguments for and Against Bail

Advocate Mr. Atul Kakade, representing the applicants, argued that the alleged quarrel in July 2020 was a long time before the suicide in January 2022, creating a significant time gap. He pointed out that the FIR was silent on the contents of the suicide note, and there was no other evidence directly linking the applicants to continuous harassment leading to the suicide. He also highlighted that Kishor Mahadik is a 64-year-old senior citizen, and Sachin Mahadik works for a reputed company. He further contended that the suicide note itself was suspicious, claiming inconsistencies in the signature and seizure process, suggesting it might be fabricated to falsely implicate them.

APP Karwate, for the State, and Advocate Mr. Swapnil Ambre, for the intervener (deceased’s husband), opposed the bail. They contended that the applicants’ continuous harassment and torture, stemming from property disputes and instigation, drove the deceased to take her life and that of her son. The intervener detailed incidents of verbal abuse, physical assault (including the alleged hand bite), and mental torture, particularly when Shruti was alone at home. He emphasized that the suicide note referred to the applicants’ family. The prosecution also expressed concerns that the applicants, if released, might abscond or tamper with witnesses, as both families reside in the same building.

Court’s Observations and Decision

Additional Sessions Judge Sonali P. Agarwal acknowledged the undisputed family dispute over ancestral property and the separate living arrangements within the same building. The court noted the significant time gap of over one and a half years between the alleged incident of quarrel in July 2020 and the suicide in January 2022.

While acknowledging the intervener’s claim of continuous harassment and the mention of the applicants’ family in the suicide note, the court also considered the defense’s points:

• The absence of any fresh complaint of harassment immediately prior to the suicide.
• The applicant’s contention that the deceased was under medication for depression, which was also mentioned in the suicide note.

The court stated, “It is a matter of trial whether only accused were responsible for her such depression and whether they were harassing her with intention that she commits suicide.” The judge emphasized that it is a “matter of trial whether conduct of accused can be levelled as sufficient and enough to cause a normal person instigation to commit suicide.”

Regarding the suicide note’s authenticity, the court observed that the defense raised “triable issues” regarding the signature matching and discrepancies in its reporting and seizure. The court acknowledged that “a possibility cannot be fully ruled out that the conduct of accused is not sufficient to be called an instigation to commit suicide by a normal person.”

Considering that the charge-sheet has been filed, there are no criminal antecedents on record for either accused, and one is a senior citizen, the court found it appropriate to grant bail. The judge also recognized the complexities of the family living in the same ancestral property and declined to impose a condition preventing the applicants from entering their own house, stating it would “severely affect their arrangement to stay.”

Bail Conditions

Accordingly, Criminal Bail Application No. 679 of 2022 was allowed. Sachin Kishor Mahadik and Kishor Kamlakar Mahadik are to be released on bail upon:

• Each furnishing a personal bond (PB) and solvent surety bond (SB) of Rs. 15,000/-.

Additionally, the following conditions were imposed:

• Both accused are directed not to threaten or cause injury to the informant.
• Both accused are directed not to tamper with prosecution evidence.
• Both accused shall not directly or indirectly induce, threat, or promise any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer.
• Both accused shall furnish their mobile numbers, phone numbers, and all addresses (permanent, temporary, and postal) to the Investigating Officer, and inform of any changes.

The Criminal Bail Application No. 679 of 2022 stands disposed of. The order was signed on April 8, 2022, and uploaded on April 28, 2022.