Prima Facie Grave Provocation: Bombay HC Grants Bail To Youngster Booked For Killing Bed-Ridden Father, Orders Him To Continue Education

The Bombay High Court on Monday while granting bail to a 22-year-old boy booked for killing his own 69-year-old 'bed-ridden' father, observed that the applicant was prima facie gravely 'provoked' by the deceased by abusing him and his mother, repeatedly, which could not be handled by the applicant's 'adolescent' mind.Single-judge Justice Milind Jadhav noted that the applicant - Tejas Shinde, was 'provoked' by his bed-ridden father, who kept abusing him and his mother, who works as a house help, and also the fact that the applicant was a student studying in a reputed college in Dombivli (near Thane) and was pursuing his Second Year in Bachelor of Management Studies (BMS)."Taking an overall view, I am prima facie of the opinion that the situation leading to the ultimate assault was a result of grave provocation because of the precursor incidents with respect to victim hurling repeated barrage of abuses not only on the Applicant but also his mother, which could not be handled by the Applicant's 20 year old (at the time of incident) adolescent mind at that stage," the judge said in the order. The applicant, the judge said, undoubtedly may have committed the direful act, but one would also have to consider the facts which unfolded resulting into the incident leading to the death of the victim. "Applicant is a student of Bachelor of Management studying in Second Year and every attempt should be made by the Court by ensuring that Applicant is accorded an opportunity to continue and go back to his studies. In the facts of the present case, I am inclined to therefore release the Applicant on bail. I am of the opinion that the Applicant should be given a chance to make an attempt to demonstrate that he has reformed his conduct and is leading a law-abiding life with prospects of making a positive impact on society." the judge said. According to the prosecution case, on February 22, 2023, Tejas returned from his college in the afternoon, and as usual assisted his father in passing urine since his father was suffering from a kidney issue. However, on the second time, his father urinated in his trousers and made the bed dirty but the applicant cleaned everything. Later on, the father asked for water as he was taking some medicines, to which the applicant objected as they were not prescribed by his doctors and could harm the already ailing father. However, the father started abusing him and his mother, as usual and the altercation escalated. The judge noted that initially, Tejas asked his father to 'shut up' but the abuses continued and then he took a millstone (used for grinding) in his house and gave two-three blows on his father's head. Still the abuses continued and therefore, the son took a kitchen knife and stabbed it in his father's neck. Thereafter, Tejas closed the door of his house, took Rs 100 from his neighbour and went to the nearest Police Station and confessed there about his act of killing his father. Considering the facts of the case, Justice Jadhav opined that the retaliation of applicant to his father's constant jab of abuses to his mother and himself had a 'deleterious effect' on the mind of the 20 year old student which he could not handle which led him to retaliate back."One of the reason which strongly persuades me to consider grant of bail is the Applicant's age being 20 years at the time of his arrest and he being a student of Second Year Bachelor of Management Studies. It needs to be considered that despite his mother being a house maid and his father bed-ridden with kidney ailment, Applicant was studying in a reputed college in Dombivali and on the count of education he should be given an opportunity by the Court to continue his education," the bench opined. Before me, Justice Jadhav said, is the case of a young offender and his exclusion from the normal educational stream for a period of time brings about unpleasant consequences and harm which in any case case amongst others is the purpose of any punishment. "The Applicant before me has admitted the act by himself walking to the Police Station giving information to the Police. He could have even run away had be been of a different criminal tendency. At this stage, I am not considering its evidentiary value. The confessional statement when read would show that the Petitioner is contrite. He is a young adult offender. It is widely recognised that younger the age of the offender, the lesser is its culpability. Therefore having regard to the totality of the circumstances before me at this stage, on prima facie consideration I am inclined to consider the Applicant's case," the judge said. The bench, with these observations, granted bail to the applicant on a surety of Rs 25,000.Appearance:Advocate Aruna Pai appeared for the Applicant.Additional Public Prosecutor Mahalakshmi Ganapathy represented the State. Case Title: Tejas Shinde vs State of Maharashtra (Bail Application 544 of 2024)Citation: 2025 LiveLaw (Bom) 44Click Here To Read/Download Order ...

Prima Facie Grave Provocation: Bombay HC Grants Bail To Youngster Booked For Killing Bed-Ridden Father, Orders Him To Continue Education

Narsi Benwal

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