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Bombay High Court

RAHUL HARSHVARDHAN SINGHversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that no evidence showed the applicant abetted or instigated the suicide, and therefore he was discharged.

Summary

The applicant, Rahul Harshvardhan Singh, sought discharge from a criminal case alleging his involvement in the suicide of his live‑in partner, Pratyusha Banerjee. The prosecution alleged that Singh had harassed the deceased, leading her to hang herself, and the Special Judge had rejected Singh’s discharge application. Singh contended that he was falsely implicated, pointing to a last phone call in which he urged her not to take any extreme step and noting the absence of any prior complaint of harassment. The court examined the record and found no material evidence of harassment, abetment, or instigation by Singh, and observed that the deceased expressed distress unrelated to Singh. Consequently, the revision application was allowed, and Singh was discharged from the pending criminal proceedings.

Issues considered

  • Whether the evidence on record establishes the applicant’s liability for abetment of suicide under the Indian Penal Code.
  • Whether the order of the Additional Sessions Judge rejecting the discharge application was legally justified.

Subjects

  • suicide
  • harassment
  • live‑in relationship
  • criminal revision
  • discharge
  • abetment of suicide
  • false implication

Judgment

                                                                                            1-REVN-158-2024 (CR).doc

                             S.S.Kilaje


                                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                        CRIMINAL APPELLATE JURISDICTION

                                                  CRIMINAL REVISION APPLICATION NO. 158 OF 2024


                                      Rahul Harshvardhan Singh                                 ...Applicant/s

                                      VERSUS

                                      State Of Maharashtra & Anr.                              ...Respondent/s

                                          _________________________________________________________________
          Digitally signed
SONALI SATISH
       by SONALI

SATISH Date:
               KILAJE                 Mr. Aabad Ponda, Senior Advocate a/w. Mr. Shreyansh R. Mithare, Ms.
       2026.10.07
KILAJE 10:43:04
       +0530                          Pooja S. Sharma Mr. Avinash S. Kori and Mr. Shobhit Desai, Advocate for
                                      Applicant.
                                      Mr. S. R. Agarkar, APP for Respondent-State.
                                      Mr. Tejas A. Mane a/w Mr. Abhijeet Khade, Advocate for Respondent No.2.
                                      Mr. Sunil Khaire, PSI, Bangur Nagar Police Station, present.
                                      _________________________________________________________________

                                                                            CORAM       : SHIVKUMAR DIGE, J.
                                                                            DATE        : 30th SEPTEMBER, 2026.
                                      P.C. :

                                      1.           The challenge in this application is to the order of rejection of

                                      discharge application passed by learned Additional Sessions Judge,

                                      Mumbai.

                                      2.           It is prosecution’s case that on 01.04.2016, around 4.00 p.m.

                                      complainant’s daughter Pratyusha Banerjee, who was an actress by

                                      profession committed suicide by hanging to a ceiling fan at her residence.

                                      It is alleged that the deceased committed suicide due to harassment by the

                                      applicant.

                                                                        Page 1 of 4
                                                             1-REVN-158-2024 (CR).doc

S.S.Kilaje


         3.         It is contention of learned Senior counsel for the applicant that

         the applicant has been falsely implicated in this case. The applicant and

         deceased were in a live-in-relationship for around eight months.        The

         deceased had not filed a complaint in the past against the applicant for

         alleged harassment. Before the suicide, last call was between the applicant

         and deceased and in the said call, the applicant was persuading the

         deceased not to take any extreme step till his arrival. This conversation

         shows that the deceased was angry with her parents rather than the

         applicant. There is a delay of four days in lodging the FIR. There is no

         case at all against the applicant but these facts are not considered by the

         learned Sessions Court and has passed impugned order, which is erroneous

         and requested to allow the application.

         4.         It is contention of learned APP along with learned counsel for

         respondent No.2 that the applicant and deceased were in a live-in-

         relationship. The applicant was possessive about the deceased. He used to

         quarrel with the deceased and assault her. The applicant was staying in

         the house of the deceased. When the first informant was staying with

         them, she saw the deceased being harassed by the applicant. The deceased

         has committed suicide due to harassment by the applicant. The learned

         Special Judge has passed a well reasoned order. No interference is required

         in it and requested to reject the application.



                                           Page 2 of 4
                                                               1-REVN-158-2024 (CR).doc

S.S.Kilaje


         5.         I have heard all learned counsel. Perused impugned order and

         documents produced on record. Admittedly, the deceased was in a live-in-

         relationship with the applicant. Though, it is alleged that the applicant

         had been harassing the deceased but no evidence is produced on record in

         that regard. It is significant to note that there was last call between the

         applicant and the deceased before the deceased committed suicide. During

         the said call, the applicant was imploring the deceased not to take any

         extreme steps till his arrival but the deceased was not in the state to listen.

         She was continuously staying that she was fed up with her life. After the

         incident, the applicant along with others immediately reached the incident

         spot and took the deceased to the hospital to save her life. It appears from

         the record that after the said incident, due to trauma, the applicant was

         also admitted in the hospital. No complaint was made by the deceased

         against the applicant about harassment when they were staying together.

         From the evidence on record, there is nothing to show that the applicant

         abetted or instigated the deceased to commit suicide. There is no case at

         all against the applicant. But these facts are not considered by the learned

         Special Court. In view of above, I pass following order.



                                            ORDER

                      (i) The Revision Application is allowed and disposed of.

                      (ii) The applicant is discharged from the Sessions Case No.

                                           Page 3 of 4
                                                 1-REVN-158-2024 (CR).doc

S.S.Kilaje


             315 of 2016 arising out of C.R.No. 110 of 2016 registered

             with Bangur Nagar Police Station.




                                         (SHIVKUMAR DIGE, J.)




                           Page 4 of 4


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