(21)BA-3550-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.3550 OF 2021

Kunal Chabu Doke

]

..

Applicant

vs.

State of Maharashtra & Anr.

]

..

Respondents

Mr.Shantanu Phanse for the Applicant.

Mr.S.V. Gavand, APP for State-Respondent No.1.

Mr.Jaideep Thakker, for Respondent No.2.

CORAM :

BHARATI DANGRE, J

DATE :

17TH AUGUST, 2022.

P.C.

1]

The Applicant, a young boy aged 20 years, is charged with the

offence punishable under Section 306, 376(2)(1), 504, 506 of the Indian

Penal Code read with 4 and 8 of the Protection of Children from Sexual

Offences Act, 2012. He came to be arrested on 06.03.2021 when the

subject CR No.56/2021 was registered on the complaint lodged by the

mother of the deceased.

2]

In the exhaustive complaint lodged by the mother of a minor girl

aged 16 years, 3 months, 28 days, she states that the deceased had

passed her 10^th standard and was admitted in a college in Mulund and

persuading her education in 11^th Standard. She had disclosed to her

mother that she had developed friendship with a boy through Instagram

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(21)BA-3550-2021.doc

and it was narrated by her that he was harassing her. On 27.02.2021

the complainant called the Applicant to her house and asked him not to

indulge with her daughter. On 02.03.2021, it is alleged that, the

deceased was abused by the Applicant, as a result of which she was

disturbed. On 03.3.2021 she hanged herself in the bedroom pursuant

to which the mother of the victim lodged the complaint and CR was

registered. Her mobile phone on being checked refer to WhatsApp

chat with the Applicant at 8.55 p.m. and this refer to a result of

pregnancy kit, where the deceased girl expressed her apprehension

about she having been conceived and she tried to find solution with the

Applicant, but it appears that he was unbothered and had used

abusive language.

The WhatsApp chat is placed on record alongwith the

application, and it refers to certain messages reflecting indifferent

approach of the Applicant, on being informed that the deceased was

pregnant.

3]

On investigation being set into motion, autopsy was carried out

and report placed on record specifically on examination of the private

part record as under “no signs of pregnancy”. The cause of death has

been ascertained as “asphyxia due to hanging”.

4]

In the aforesaid unfortunate incident, the victim girl took extreme

step on being revealed that she had missed her periods by two weeks

and on the basis of some pregnancy test where it was revealed to her

that she was pregnant. Hence, she established contact with the

Applicant on her WhatsApp and immediately when he expressed

indifferent approach, she took the extreme step of hanging herself in

the house.

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5]

The investigation is now completed and entire material is

compiled in the charge sheet. The fact that the deceased was pregnant

is falsified by the Postmortem report which reveal that she was not

carrying any pregnancy. Anxious, with thought of conceiving, the

deceased attempted to establish contact with the Applicant and on

noticing his unexpected response, she made up her mind to commit

suicide.

6]

The Applicant, at the time of incident, was merely 19 years old

and he has reacted in an indifferent manner which can be seen from

the WhatsApp chat. The chat also reveals that the two were sharing

proximate relationship. In order to invoke offence under Section 306 of

the IPC i.e. abetment to commit suicide, it is necessary to establish

its ingredients, being instigation/incitement for the deceased to commit

suicide. The sudden reaction of the Applicant to the news of pregnancy,

may fall short of it.

Considering the young age of the Applicant, his incarceration on

the completion of investigation is unwarranted. He shall ultimately face

the consequences of his acts, when he shall face the tria