Karnataka HC Grants Bail To Husband In Wife’s Suicide Case, Noting Parents Facing Similar Allegations Are Already Out On Bail

In brief

The question

1. Whether the petitioner should be enlarged on regular bail in the case alleging offences under Sections 85, 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023

The court held

The Court allowed the petition and directed the petitioner’s release on bail.

It also directed

The petitioner’s release on bail was subject to execution of a personal bond of ₹2,00,000 with two sureties for the like sum, regular attendance at court, non-interference with prosecution witnesses and non-involvement in similar or other offences.

The prosecution may seek cancellation of bail if any condition is breached.

01Facts

The petitioner, accused No. 1, was the husband of the deceased, Soumya.

pp. 2–4 · ¶ 2–4

The prosecution alleged that he and accused Nos. 2 and 3 harassed her, including over a demand for her mangalya chain, and that they quarrelled with and assaulted her on 13 September 2025.

pp. 2–4 · ¶ 2–4

She died by suicide that day, allegedly leaving a death note.

pp. 2–4 · ¶ 2–4

The petitioner was arrested and remanded to custody; after the investigation was completed and the charge sheet filed, he sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

pp. 2–4 · ¶ 2–4

Accused Nos. 2 and 3 had already been granted bail.

pp. 2–4 · ¶ 2–4

02Issues

i.1. Whether the petitioner should be enlarged on regular bail in the case alleging offences under Sections 85, 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023

pp. 2–5 · ¶ 2, 4–7

ii.2. Whether the petitioner was entitled to bail on the ground of parity with accused Nos. 2 and 3

pp. 4–6 · ¶ 4–5, 8

03Law Applied

The petition was considered under Section 439 of the Code of Criminal Procedure, 1973, read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

p. 2 · ¶ 2

In considering the allegation under Section 108 of the Bharatiya Nyaya Sanhita, 2023, the Court stated that abetment of suicide requires active instigation or aid and a direct and proximate link between the accused’s conduct and the suicide; mere allegations or insults, without evidence of such a link or an intention to drive the victim to suicide, are insufficient.

p. 5 · ¶ 7

The Court also considered the nature and gravity of the offence, the petitioner’s antecedents and parity with co-accused who had been released on bail.

pp. 5–6 · ¶ 8

No precedent was cited.

Provisions in the judgment · 6 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Code of Criminal Procedure, 1973 Section 439

Bharatiya Nyaya Sanhita, 2023 Section 85 Section 108 Section 3

Indian Penal Code, 1860 Section 306

04Reasoning

The Court noted the allegations of repeated harassment and the incident on the day of the deceased’s suicide, but held that the prosecution would need to establish the ingredients of Section 108, including the required direct and proximate link between the petitioner’s conduct and the suicide.

p. 5 · ¶ 6–7

It also relied on the fact that accused Nos. 2 and 3 had been released on bail and considered the allegations against them similar to those against the petitioner.

p. 6 · ¶ 8

On these grounds, the Court found bail appropriate.

pp. 5–6 · ¶ 7–8