A sessions court in Bengaluru recently granted bail to the wife and in-laws of a techie who died by suicide last month after considering the fact that they would be available to stand trial in the abetment to suicide case filed against them.
The sessions court in its conditional bail order of Saturday has also taken into consideration the fact that two of the accused are women.
The automobile technology company employee, Atul Subhash, 34, died by suicide in Bengaluru on December 9 after alleging harassment by his wife and in-laws.
Nikita Singhania, 29, the wife of the deceased man, her mother Nisha Singhania, 55, and her brother Anurag Singhania, 35, had moved a joint bail plea on December 19 before the sessions court after their arrest in Delhi and Uttar Pradesh on December 15.
The three were arrested by the Bengaluru police on the basis of a complaint filed by Atul Subhash’s brother Bikas Kumar at the Marathahalli police station in Bengaluru.
“Allegations as to whether these petitioners by their act have harassed deceased and instigated him to commit suicide or whether they had intention to instigate or abet deceased to commit suicide is matter of trial. It is not seriously disputed, petitioner No. 1 (Nikita Singhania) having minor child and petitioner No. 2 (Nisha Singhania) being woman aged about 55 years,” the sessions court observed.
“Maybe it is true, these petitioners have been arrested by police in Uttar Pradesh but their permanent address as mentioned in the cause title of petition is not seriously disputed. As already discussed, an act of petitioners which is of such nature which directly instigated or abated deceased to commit suicide is matter of trial,” the court further said.
In its bail order, the court said it needs to consider “whether presence of petitioners during enquiry or trial can be secured before the court or not.”
“The petitioners are ready to undertake all those conditions that may be imposed by court while granting bail. The alleged offence… are exclusively triable by this court. Under these circumstances, the presence of the accused can very well be secured before the court,” the sessions court said while granting bail.
The court has mandated that the three accused persons must appear before the investigation officer every Saturday for a period of four months or till the completion of investigations and that they should surrender their passports till the filing of the charge sheet.
The Karnataka High Court had directed the sessions court on December 31 to decide on the bail plea of the wife and in-laws of Atul Subhash by January 4 after Nikita Singhania approached the high court with a plea to quash the FIR registered against her family.
On Monday, the high court refused to stay the probe in the case of abetment to suicide and posted the matter for orders on January 22.
The wife and in-laws of Atul Subhash have been accused of demanding Rs 3 crore to withdraw police cases filed against him and Rs 30 lakh for visitation rights to see his son.
Nikita Singhania was arrested from Haryana’s Gurugram and her mother and brother were arrested from Allahabad in Uttar Pradesh on December 15. The three were produced before a Bengaluru court and were sent to judicial custody after the arrest.
The Singhanias argued in the Bengaluru sessions court that though the case involved the suicide death of Atul Subhash, the police had wrongfully registered a case of abetment of suicide. They argued that the filing of court cases against Atul Subhash in a domestic dispute does not amount to abetment of suicide.
The public prosecutor argued that mobile phone messages and emails between the couple and the death note of Atul Subhash were prima facie material to say that the wife and in-laws instigated the techie to die by suicide.
The sessions court was informed by the public prosecutor that three miscellaneous police cases and three high court cases were filed against Atul Subhash by his wife and in-laws following the marital dispute.
A native of Uttar Pradesh, Atul Subhash married Nikita Singhania, a software professional in 2019, and had separated. Atul Subhash was facing nine cases including charges of murder, dowry harassment, unnatural sex, and many others.
In some of the cases, his parents were also named as accused. Atul Subhash left behind a 24-page death note where he had explained his ordeal and had also posted an 81-minute lengthy video before he died by suicide.
In the death note, Atul Subhash also alleged that a family court judge in Uttar Pradesh was biased in favour of his in-laws and demanded money to give orders in his favour.
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