[Tunisha Sharma Suicide] Was There Instigation? Are Ingredients Of Abetment Of Suicide Made Out? – Bombay High Court To Police

Twenty-one-year-old Sharma, who has acted in the TV show ‘Ali Baba: Dastaan-E-Kabul’ along with Khan, was found hanging in the washroom on the set of a Hindi serial near Vasai, located on the outskirts of Mumbai, on December 24, 2022.

The division bench of Justices Revati Mohite Dere and PK Chavan were hearing Khan’s petition to quash the FIR under section 306 of the IPC registered against him for immediate release in the interim.

Justice Dere observed that Tunisha's mother’s initial statement produced doesn’t show ingredients of section 306 of the IPC.

“Whether the investigation is being carried out in the correct direction or not,” Justice Chavan enquired. “The most important thing is if the ingredients of section 306 (IPC) are made out or not. Whether there was instigation… the mother’s statement doesn't show 306 (IPC),” Justice Dere asked.

The Chief Public Prosecutor Aruna Pai assured the bench that the investigation was proceeding in the right direction after which the bench posted the matter for further hearing on February 17.

During the hearing the court sought a copy of the case diary from the police. After handing over the diary, Pai submitted that they have retrieved CCTV footage and are awaiting the forensic analysis report of three mobile handsets.

“According to the CCTV, initially when she comes into her room, she is normal. When he goes into the room and then she comes out, she looks very disturbed. Investigation is on, we have sent three mobiles to the FSL. His bail application is pending before the court,” she said.

Khan’s counsel urged to release him as his custody wasn’t required.

However, Advocate Tarun Sharma for the complainant pointed out that Khan’s bail application was also pending in the HC after being denied bail by the trial court. He said that even after filing the bail application Khan’s counsels moved a precipice for hearing before the concerned court only once. Therefore, the outcome of the bail application should be seen before passing an order.

The court agreed and posted the matter for hearing on February 17.

Background

Sharma was in a relationship with Khan, but the couple weren’t together anymore when the incident took place. Khan was arrested the next day on charges of abetment and is currently lodged in Thane Central Jail, under judicial custody.

Khan has filed two petitions in the HC, the first is a bail appeal and the second one seeks to quash the case against him. Khan, in his plea, said that to ‘enter into a relationship and break-up are normal facets of life, and if two persons in such a relationship terminate, then the mere fact that the other person commits suicide does not justify the offence registered under IPC Section 306 with its consequences of arrest and custody’.

Therefore, he cannot be held responsible for Sharma’s death, the plea states..

He claimed that the ‘factual narrative of the prosecution and informant (Sharma’s mother) do not fit the legal parameters necessary to attract the charge’. He also has claimed that there was nothing to show ‘he had done any act with specific intention, of compelling Sharma to die by suicide’.