No specific Instigation: Court grants anticipatory bail in Mumbai doctor suicide case

Mumbai: A local court, while granting anticipatory bail to the siblings of Maharashtra minister Pankaja Munde's personal assistant, who was arrested for allegedly abetting the suicide of his doctor wife, said that allegations against them were ''vague'' and ''without specific instigation''.

The deceased, a dentist working at the civic-run KEM hospital, committed suicide on November 22 at her Worli residence, allegedly following domestic disputes, police said.

Her husband, Anant Garje and his siblings, Shital Garje Andhale and Ajay Garje, were booked following a complaint by the doctor’s kin, news agency PTI reported.

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Anant Garje is currently in the custody of the SIT, headed by Zone IV Deputy Commissioner of Police Ragasudha R.

Fearing arrest in the case, Andhale and Ajay Garje sought pre-arrest bail, which was granted by additional sessions judge R J Pawar on Monday.

In the detailed order, the sessions judge noted that the Supreme Court has multiple times held that “the accused must actively instigate, incite, or provoke the deceased to commit suicide”, reports PTI.

The act of instigation must be direct and alarming. Mere general allegations of harassment, ill-treatment, without a direct and specific act of instigation, are insufficient, the order said.

The sessions judge emphasised that in the present case “the thorough investigation of the matter is essential” to know the cause of doctor’s death.

However, the court observed that, as far as the siblings’ role was concerned, the complainant only alleged that they informed the deceased about the extra marital affair of her husband.

As per the complaint, the siblings had allegedly told the deceased that if she could adjust with her husband, his second marriage would be performed.

“Therefore, considering the alleged role of the applicants, it is clear that the applicants have not abetted the commission of suicide either by instigation, conspiracy or intentionally aiding the suicide,” the court said.

It emphasised that the allegations prima-facie do not indicate that the applicants had a clear and specific intention to aid, instigate or abet the deceased to commit suicide.

The court highlighted that the complainant has not come up with specific details about the alleged harassment by the applicants.

“It is seen that, the accusation levelled against the applicants are vague and omnibus (general and not specific), and no specific instances of instigation, conspiracy and Intentional aiding are cited,” the court said.

The judge underscored that it is also not the case of the complainant that, at the relevant time, the applicants were present on the spot of incident along with the co-accused.

Therefore, it is prima-facie apparent that the applicants have not abetted the commission of suicide by the deceased, the court held.

The judge concluded that their custodial interrogation “seems to be unwarranted” and allowed their plea for pre-arrest bail.

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