After Five Months In Custody, Madras HC Grants Bail To Man Accused Of Refusing To Marry SC/ST Woman Over Caste In Her Suicide Case

The prosecution alleged that the appellant and the deceased had a consensual relationship, and that he later refused to marry her because she belonged to the SC/ST community, leading to her suicide

The case was initially registered under Section 194 of the BNSS and later altered to Sections 69 and 108 of the BNS and Sections 3(1)(w)(i) and 3(2)(v) of the SC/ST Act

The de facto complainant opposed bail, citing the deceased’s pregnancy and a DNA test identifying the appellant as the foetus’s biological father

The appellant had been in custody since 5 May 2026, and the final report had been filed

The Sessions Court dismissed his bail application on 28 September 2026; the appellant challenged that order under Section 14(A) of the SC/ST Act read with Section 415 of the BNSS

The State also informed the High Court that an earlier appeal had been dismissed on 24 July 2026

The appeal was brought under Section 14(A) of the SC/ST Act read with Section 415 of the BNSS

The prosecution invoked Sections 69 and 108 of the BNS and Sections 3(1)(w)(i) and 3(2)(v) of the SC/ST Act

The Court did not determine whether the alleged conduct established an offence under Section 108 of the BNS; it left that question to the trial court

In granting bail, the Court considered the appellant’s period of custody, the filing of the final report, and the stage of the trial

It also referred to P.K. Shaji v. State of Kerala, [2005] AIR SCW 5560, in relation to the trial court’s power to take appropriate action if bail conditions are breached, and directed that a fresh FIR could be registered under Section 229A of the IPC if the accused absconded

The Court noted that the final report had been filed, charges were likely to be framed soon, and the appellant had been in custody since 5 May 2026

It considered that he should be able to defend himself effectively at trial and that whether his conduct constituted abetment of suicide under Section 108 of the BNS was for the trial court to decide

In light of those circumstances, the Court set aside the refusal of bail, while imposing conditions to secure the appellant’s attendance, prevent absconding and interference with the case, and protect the de facto complainant

It granted bail on conditions, including execution of a bond with two sureties, regular appearances before the trial court, and prohibitions on committing a similar offence, absconding, or tampering with evidence or witnesses; the police were also directed to ensure the de facto complainant’s safety

The order further permits appropriate action for breach of conditions and states that a fresh FIR may be registered under Section 229A IPC if the appellant absconds