GANPATRAO JANARDHAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In anticipation of arrest in Crime No. 63 of 2022, registered with Shiroli MIDC Police Station, District Kolhapur, for the ofences punishable under Ss. 305, 504, 506 r/w 34 of the Indian Penal Code and Ss. 75 and 87 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the applicant is praying for pre-arrest protection.

(2.) The bail is claimed on usual grounds. Besides that, it is contended that the allegations at its face value, nowhere discloses adequate mens rea. It is submitted that the applicant being a Chairman and disciplinary authority, his act of reprimanding student cannot be construed as sufcient instigation to commit suicide. The State opposed bail by contending that the applicants act of humiliating, abusing and continuous harassing student amounts to sufcient instigation. The deceased student committed suicide within few hours from the incident. The applicant has created the circumstance, which caused deceased to end his life. The investigation is in progress, therefore, bail is prayed to be rejected.

(3.) At the instance of report dtd. 2/4/2022, lodged by the Informant Ramchandra Budkar, the crime came to be registered. The Informants grandson (deceased) was studying in 10th Standard at Symbolic International School. The applicant was a Chairman of the school whilst his wife was a Principal. On 1/4/2022, the Informant received telephonic massage calling him to attend the school. When he went to the school, he was asked to take his grandson (deceased) back to the house. On inquiry deceased boy disclosed that while he was playing football, inadvertently goal post guard hit a girl, causing her injury. He disclosed that the applicant had scolded and abused him in flthy language. Immediately the Informant met the applicant to inquire the matter. The applicant said that his grandson has caused injury to a girl. His grandson is ill-cultured, no chances of reformation and he is slum boy. He also stated that the school Principal had informed him that in past also deceased had behaved unruly. He was informed that deceased should be rusticated from the school. The applicant also uttered bad words to the deceased in presence of one school teacher. Thereafter, the Informant took his grandson to his house, who within few hours committed suicide by way of hanging.