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Bombay High Court

A. BENNIYAMINversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail is granted to the applicant subject to the conditions specified by the court.

Summary

The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case (CR No. 197 of 2026) alleging abetment of suicide under Sections 108 and 74 of the Bharatiya Nyaya Sanhita, 2023. The victim, a Ph.D. student, had left a suicide note implicating the applicant, her thesis guide, but the court found no prima facie evidence of abetment and noted the absence of any abusive or violent conduct by the applicant. The applicant, a senior scientist with an unblemished record, sought bail. After reviewing the suicide note, statements, and an affidavit of apology, the court concluded that bail could be granted with strict conditions, emphasizing that the order was limited to bail and not a determination on the merits. The bail was ordered on the basis of a personal bond of Rs. 50,000, monthly reporting, and other safeguards.

Issues considered

  • Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case of alleged abetment of suicide.
  • Whether the material on record establishes a prima facie case of abetment of suicide against the applicant.
  • Whether the conditions imposed are sufficient to safeguard the trial and prevent interference with witnesses.

Legislation cited

Subjects

  • bail
  • abetment of suicide
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure
  • conditions of bail
  • suicide note
  • senior scientist

Judgment

                                                                          32.BA.3348.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3348 OF 2026

              A. Benniyamin                                          .. Applicant
                         Versus
              The State of Maharashtra                               .. Respondent
                                        ....................
               Mr. Ashok Mundargi a/w. Mr. Varun Thokal, Advocates i/by
                Madhav Chavan for Applicant.
               Mr. Amit A. Palkar, APP for Respondent.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 02, 2026
              P.C.:

              1.       Heard Mr. Mundargi, learned Advocate for Applicant and

              Mr. Palkar, learned APP for Respondent.


              2.       This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.197 of 2026 registered with Bhosari MIDC Police Station, Pimpri

              Chinchwad for offences punishable under Sections 108 and 74 of the

              Bharatiya Nyaya Sanhita, 2023 for abetment of suicide of the victim.


              3.       Incident is dated 11.04.2026.             The victim was a Ph.D.

              student having enrolled under the Applicant as her guide for

              completing her thesis. In the month of May-2026, the victim was about

              to complete her thesis and submit the same. The victim has left a

              suicide note, copy of which is appended at page No.58



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4.        With the able assistance of the learned Advocates at the bar,

I have perused the same. The suicide note is dated 11.04.2026 and a

very critical and direct disclosure is made in the said note of

relationship with the Applicant on several instances. The events which

transpired between 06.04.2026 and 11.04.2026 are all investigated by

the prosecution by recording statements of the witnesses and

appended at page No.78 onwards. I have perused the said statement.

The Affidavit of apology and misbehaviour dated 09.04.2026 i.e. two

days prior to the incident in question of Applicant is appended at page

No.64. The said Affidavit is incidentally witnessed by another witness

called Suraj who is the boyfriend of the victim and another witness

called Tejas Shendkar, whose statement is appended at page No.116. I

have perused the aforesaid material placed before me.


5.        Prima facie, there is no case of abetement having been made out

on the basis of the material which is placed before the Court. Needless to

state that complicity of the Applicant will undoubtedly be proved in trial as

stated in the suicide note, however it is seen that the element of

overwhelming guilt had overtaken the mindset of the victim when her

boyfriend has found out about the relationship which is prima facie

evident on reading of the suicide note itself.       That itself read with

statements recorded and absence of any abusive or violent behavior on the

part of the Applicant needs to be considered for allowing the Applicant’s

case for bail. Otherwise speaking, the Applicant is a senior scientist having

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distinguished and unblemished record in the field of knowledge and

service.


6.         Considering the aforesaid, Applicant has made out case for

grant of bail subject to following conditions:-


           (i)   Applicant is directed to be immediately released from

                 prison in connection with Crime No. 197 of 2026;


           (ii) Applicant is directed to be released on bail on

                 furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty

                 Thousand only) with one or two surety / sureties of the

                 like amount;

           (iii) Applicant shall report to the Investigating Officer at the

                 concerned Police Station, once every month on the first

                 Monday of the month between 10:00 a.m. to 12:00

                 p.m.;

           (iv) Applicant shall co-operate with the conduct of trial and

                 attend the Trial Court on all dates, unless specifically

                 exempted    and    will   not    take   any    unnecessary

                 adjournments, if he does so it will entitle the

                 prosecution to apply for revocation of this order;

           (v) Applicant shall not leave the State of Maharashtra

                 without prior permission of the Trial Court;

           (vi) Applicant shall not influence any of the witnesses or


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                                                tamper with the evidence in any manner;

                                  (vii) Applicant shall keep the Investigating Officer informed

                                                of his current address and mobile contact number and /

                                                or change of residence or mobile details, if any, from

                                                time to time, as applicable; and

                                  (viii)Any infraction of the conditions shall entail cancellation

                                                of bail granted to the Applicant.

               7.                 It is clarified that the observations made in this order are

               limited for the purpose of granting Bail only and I have not made any

               observations on merits of the case. The trial shall be adjudicated on

               the strength of the evidence led and strictly on its own merits being

               uninfluenced with any of the prima facie observations made

               hereinabove in this order.


               8.                 Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                             [ MILIND N. JADHAV, J. ]

                             Digitally signed
                HARSHADA by HARSHADA
                         HANUMANT
                HANUMANT SAWANT
                SAWANT   Date: 2026.09.02
                             17:36:36 +0530




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