Subhash, a 34-year-old software engineer, had died by suicide in Bengaluru.
The Allahabad High Court on Monday granted transit anticipatory bail to Sushil Singhania, an accused in the abetment of suicide case involving Bengaluru techie Atul Subhash.
Sushil Singhania is the uncle of Nikita Singhania, Atul Subhash’s estranged wife.
In addition to Sushil, Nikita Singhania, her mother, and brother had also approached the Court seeking anticipatory bail.
Single-judge Justice Ashutosh Srivastava noted that the plea for transit anticipatory bail filed on behalf of Nikita Singhania, her mother, and brother had become infructuous as they had already been arrested in the case.
However, the Court granted relief to Sushil Singhania.
“Prima-facie, having heard learned counsel for the parties and having perused the record, particularly, the suicide note, which has been brought on record as Annexure No. 3 to the affidavit filed in support of the Transit Anticipatory Bail Application, I find that the allegations for instigating suicide has been raised primarily against the Principal Judge, Family Court, Jaunpur, Smt. Reeta Kaushik, Mother-in-Law of the deceased namely Smt. Nisha Singhania, Wife of the deceased namely Smt. Nikita Singhania, and so far as the Applicant No. 4 is concerned, the allegations appear to be limited to extending threats to the deceased and his parents over the phone and in person for beating up, killing them and filing false cases,” the Court said.
Subhash, a 34-year-old software engineer, died by suicide in Bengaluru, leaving behind a detailed suicide note and a video. In both, he accused his wife, Nikita Singhania, and her family of harassing him and filing false cases, which he claimed drove him to take his own life.
The video and suicide note triggered a debate on social media, with many demanding the arrest of Nikita and her family members.
In the video, Subhash alleged that Nikita and her family harassed him through multiple matrimonial cases amid their ongoing legal disputes over divorce, alimony, and child custody in a family court in Jaunpur, Uttar Pradesh.
Subsequently, a First Information Report (FIR) was registered in Bengaluru against Nikita and her three family members under Sections 108 (abetment of suicide) and 3(5) (criminal act with common intention) of the Bharatiya Nyaya Sanhita, 2023.
On December 13, Nikita, her mother Nisha Singhania, her brother Anurag Singhania, and her uncle Sushil Singhania filed an anticipatory bail plea before the High Court.
However, Nikita, her mother, and her brother were arrested by the Bengaluru police on Sunday and were later remanded to 14 days of judicial custody by a Bengaluru court.
During the hearing of the anticipatory bail plea before the High Court today, the counsel for the accused submitted that the transit anticipatory bail application for the wife, mother-in-law, and brother-in-law of the deceased had become infructuous as they had already been arrested by the Bengaluru police.
As a result, the plea was pursued solely on behalf of Sushil Singhania.
It was argued that Sushil, a 69-year-old elderly man suffering from chronic medical conditions, is virtually incapacitated and cannot be held responsible for abetting atul subhash suicide.
It was further argued that there is a clear distinction between abetment and harassment. Even if the suicide note is taken at face value, the allegations, at most, point to harassment related to false cases and monetary demands, which would not constitute an offence under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita (BNS).
After considering the arguments, the Court granted transit anticipatory bail to Sushil Singhania, subject to certain conditions. He was directed to furnish a bail bond of ₹50,000 along with two sureties.