The Bombay High Court recently directed the Superintendent, Thane Prison to provide psychiatric help to one Kunal Bavdhane accused of stabbing a woman who turned down his proposal. The court rejected the bail application filed on behalf of the accused noting that the mental condition of the accused makes him a danger to the complainant victim's wellbeing.
Justice Revati Mohite Dere heard the bail application filed by Kunal, who is accused under Section 307 of the Indian Penal Code and under Section 37(1)(a) r/w Section 135 of the Maharashtra Police Act.
According to the complainant she knew the accused Kunal and that they became friends. She stated that the applicant had confessed his love for her. Thereafter, Kunal threatened to commit suicide and the complainant started distancing herself from Kunal.
January 30, 2019, on the day of the incident, the complainant was with the accused in the National Park. While she was seated in a rickshaw, the applicant pulled out a knife and assaulted her on her neck. When she tried to ward off the blow, she sustained injuries on her hands and started shouting. This did not stop the accused, who then assaulted her on her back and face, pursuant to which, she pushed him and got down from the rickshaw.
Thereafter, the people who were at the spot, took her to the hospital as she had sustained grievous injuries on her face and neck. After assaulting the complainant, accused inflicted injuries on himself.
Appearing on behalf of the accused, Advocate BJ Shaikh submitted that the accused applicant was not in the right frame of mind, which is why he inflicted injuries on himself in the abdomen, which were serious in nature. Further, Sahikh said that injuries sustained by the complainant are accidental and Kunal had no intention to cause any injury to the complainant. The accused applicant requires psychiatric help having regard to his mental condition, even in jail, Shaikh told the Court.
After considering all the material on record, Justice Dere observed-
"Whether or not the injuries are intentional or accidental, is a matter which will be decided by the trial Court. As far as merits are concerned, having regard to the manner in which the applicant assaulted the complainant/injured, the nature of injuries sustained by complainant/injured, this is not a fit case to enlarge the applicant on bail.
The possibility of the applicant committing a similar offence and endangering the life of the complainant cannot be ruled out, in the peculiar facts of this case. The possibility of the applicant tampering with the witnesses also cannot be ruled out. Hence, the application for bail is rejected. However, having regard to the manner in which, the incident took place and the mental condition of the applicant, the Superintendent, Thane Central Prison, to provide psychiatrist help/counseling, to the applicant atleast once in a week."
Court also directed the prison authorities to provide a copy of the charge sheet to the concerned doctor treating the accused as it would help in identifying areas where accused needs counselling.
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