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Synopsis

The Bombay High Court has granted bail to a husband who was charged with instigating his wife through continuous harassment, pushing her to contemplate suicide along with her two children.

A single judge bench of Justice Madhav Jamdar was hearing a bail application filed by a man who was booked under Section 306 (Abetting Suicide) and Section 323 (Voluntarily Causing Hurt) of the Indian Penal Code.

It was alleged that on 4th May 2023, the wife of the man killed her two children, a 3.5-year-old son, and a 2-year-old daughter, by smothering them with a pillow. The wife subsequently took her own life through suicide after killing her children.

The drastic step was allegedly taken due to continuous harassment by her husband, brother-in-law, brother-in-law's wife, and mother-in-law.

Advocate VV Purwant, representing the husband, argued that he was arrested on 6th May 2023, and the charge sheet was filed on 6th July 2023. He added that the investigation was complete, and there was no incriminating material against the husband. Therefore, he should be granted bail.

Additional Public Prosecutor Veera Shinde, representing the state, argued that the material on record indicated continuous harassment by the husband.

She further submitted that a suicide note was present, in which the husband was held responsible for compelling the deceased to take such drastic actions.

The high court, relying on the Supreme Court's decision in Bhagwan Das v. Kartar Singh, said that,

“..it often happens that there are disputes and discords in the matrimonial home and a wife is often harassed by the husband or her in-laws and held that this however, would not by itself and without something more attract Section 306 of the I.P.C.,” 

Therefore, while noting that there were no criminal antecedents against the husband and considering that he had been in custody for 10 months, the high court granted him bail.

Case title: Suhas Kailas Chavan vs State of Maharashtra