Mere harassment allegations without specific, proximate instigation do not establish abetment of suicide.

The petitioners, accused Nos. 2 and 3, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 135 of 2026 registered by Adur Police Station for offences under Sections 85 and 108 of the Bharatiya Nyaya Sanhita, 2023.

The deceased, who was married to accused No. 1, allegedly faced repeated harassment and quarrels concerning her share in her late husband’s property. She died by suicide on 9 August 2026, and her brother lodged the complaint the following day.

The petitioners contended that the allegations were general and disclosed no specific overt act; the State opposed bail, citing the seriousness of the allegations and the risk of witness tampering.

Whether the petitioners should be granted anticipatory bail in the circumstances of the case

Whether the allegations against the petitioners disclosed material indicating instigation or intentional aid with a proximate connection to the deceased’s suicide

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for anticipatory bail.

The alleged offences were under Sections 85 and 108 of the Bharatiya Nyaya Sanhita, 2023.

For abetment of suicide, the prosecution must establish the ingredients of abetment, including instigation or intentional aid having a proximate nexus with the suicide; harassment or quarrels alone, without specific material indicating active instigation or intentional aid, do not by themselves establish abetment.

No judicial precedent was cited.

The Court considered the allegations that the petitioners quarrelled with the deceased over relinquishment of her share and harassed her, but found no specific allegation of an overt act by either petitioner immediately before the incident.

Applying the stated abetment principle, it held that the allegations did not, at that stage, establish specific instigation or intentional aid with a proximate nexus to the suicide.

The Court also noted that accused Nos. 4 and 5, against whom similar allegations were made, had been granted bail, and found the petitioners similarly placed.

The relief was subject to conditions including execution of a personal bond of Rs. 1,00,000 each with one surety, surrender before the Investigating Officer within fifteen days of receiving the certified order, cooperation with the investigation, non-interference with witnesses, monthly attendance for six months or until the charge-sheet is filed (whichever is earlier), and refraining from similar offences.

The prosecution may seek cancellation of bail upon breach of any condition.