Bombay High Court
SATYAWAN SITARAM BAGAVEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The charges framed against the applicants are set aside and they are discharged from the case.
Summary
The applicants, Satyawan Sitaram Bagave and Mangla Sitaram Bagave, were charged with causing the suicide of the deceased, who was the wife of the first applicant and daughter‑in‑law of the second, on the basis of alleged mental and physical harassment. The deceased had left a suicide note stating that she took her own life voluntarily and did not implicate the applicants. The applicants filed a criminal revision challenging the framing of charges, arguing that the suicide note negated any criminal liability and that the prosecution’s case rested solely on the first informant’s complaint without supporting evidence. The High Court examined the suicide note and found no allegation against the applicants, concluding that proceeding with the trial would constitute an abuse of process. Consequently, the Court set aside the charges and discharged the applicants, allowing the revision application.
Issues considered
- Whether the framing of charges for abetment of suicide is justified in view of the deceased's suicide note exonerating the applicants.
- Whether the prosecution's evidence, limited to the first informant's complaint, is sufficient to sustain a charge of mental and physical harassment leading to suicide.
- Whether continuation of the trial would amount to an abuse of the process of law.
Subjects
- suicide
- abetment of suicide
- framing of charge
- revision
- abuse of process
- criminal law
- High Court
- discharge
Judgment
8-REVN-223-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 223 OF 2026
1. Satyawan Sitaram Bagave
2. Mangla Sitaram Bagave ...Applicants
VERSUS
The State Of Maharashtra & Anr. ...Respondents
_________________________________________________________________
SONALI by
Digitally signed
SONALI
SATISH SATISH KILAJE
Date: 2026.09.23
KILAJE 12:06:23 +0530
Mr. Ujjwal Gandhi a/w. Mr. Pratham Jain and Ms. Saakshi Jha, Advocate
for Applicants.
Mr. S. R. Agarkar, APP for Respondent-State.
Mr. Vitthal Pardhi, PSI, Vikhroli Police Station present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 21st SEPTEMBER, 2026.
P.C. :
1. The challenge in this application is to the framing of charge
against the applicants.
2. It is prosecution’s case that the deceased was the wife of the
applicant No.1 and daughter in law of applicant No.2, due to mental and
physical harassment by the applicants, she has committed suicide.
3. It is contention of the learned counsel for the applicants that the
deceased had left a suicide note behind and in the suicide note, she has not
made any allegations against the applicants. It is submitted that the
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8-REVN-223-2026 (CR).doc
S.S.Kilaje
applicants have been falsely implicated only on the basis of complaint of
first informant without there being any evidence on record. As there is
nothing in the suicide note implicating the applicants, no case is made out
against the applicants, therefore, requested to allow the application.
4. It is contention of learned APP that there are specific allegations
in the FIR against the applicants that they used to ill treat the deceased. It
is submitted that, due to continuous mental and physical harassment, the
deceased committed suicide. There is prima facie case against the
applicants. In order to establish the innocence of the applicants, evidence
is required. The learned Additional Sessions Judge has passed well
reasoned order. No interference is required in it and requested to reject
the application.
5. I have heard both the learned counsel. Perused impugned order
and documents produced on record. Though there are allegations against
the applicants that, due to their mental and physical harassment, the
deceased has committed suicide. The deceased written a suicide note
before committing suicide and in the said suicide note, she has not made
any allegations against the applicants and she has stated that she was
committing suicide of her own accord and no one should be held
responsible for her death. Considering these facts as the deceased had not
made any allegations against the applicants in her suicide note, no case is
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S.S.Kilaje
made out against the applicants as alleged. However, this fact is not
considered by the learned Sessions Court. In these circumstances,
continuing trial against the applicants would amount to an abuse of
process of law and I pass following order.
ORDER
(i) The charges framed against the applicants are hereby
set aside.
(ii) The applicants are discharged from the Sessions Case
No. 911 of 2019 arising out of C.R. No. 24 of 2019
registered at Vikhroli Police Station.
6. The Revision Application is allowed and disposed of.
(SHIVKUMAR DIGE, J.)
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