The Madhya Pradesh High Court has granted anticipatory bail to three women accused of abetment of suicide after a man, against whom one of them had lodged a molestation complaint, allegedly died by suicide following a police inquiry.
In an order dated June 26, Justice Ajay Kumar Nirankari held that filing a lawful complaint before the police regarding alleged criminal conduct does not, by itself, amount to instigation or intentional aid necessary to constitute the offence of abetment of suicide.
The court observed that the material available at the present stage did not disclose the essential ingredients required to establish abetment. It found no indication of any direct or active conduct by the women that could have compelled the man to take his own life.
Background Of The Case
According to the prosecution, the incident began on May 10 when one of the women was returning to her old residence from her newly constructed house. She alleged that a man intercepted her, teased and molested her, and threatened to kill her if she informed her family or approached the police.
After reaching home, she informed her mother and sister. The following day, the three approached the police and lodged a complaint seeking legal action against the man.
The police subsequently called the man to the police station for inquiry. On May 12, he allegedly died by suicide after recording a video that was later circulated through his Instagram account. Based on that video, police registered a case against the woman, her mother and sister under Section 108 of the Bharatiya Nyaya Sanhita for abetment of suicide.
Defence Arguments
The defence argued that the women had merely exercised their legal right by reporting the alleged molestation and criminal intimidation to the police. It contended that invoking the legal process could never amount to instigation for suicide.
The defence further submitted that there was no suicide note, dying declaration or any legally admissible evidence showing that the women had committed any overt act amounting to instigation. It also argued that the prosecution had failed to establish any causal link between the complaint lodged by the women and the man’s decision to end his life.
Counsel also pointed out that the applicants had no criminal antecedents and that custodial interrogation was unnecessary because the investigation primarily relied on documentary and oral evidence already available with the police.
The State opposed the anticipatory bail plea, contending that the seriousness of the allegations warranted denial of pre-arrest protection.
Court’s Findings
The High Court held that the available material did not establish the essential ingredients of the offence of abetment. It observed that there was no evidence of any direct or active act by the applicants that could be treated as instigation or intentional assistance leading to the suicide.
The court further noted that a person’s reaction to a lawful police complaint cannot automatically make the complainant criminally liable for abetment of suicide.
It also found that the essential elements of mens rea and a direct nexus between the conduct of the applicants and the alleged suicide were absent. According to the court, the man’s actions appeared to be his own response to the complaint filed against him rather than the consequence of any unlawful conduct attributable to the women.
Without expressing any opinion on the merits of the prosecution case, the court concluded that the applicants were entitled to the protection of anticipatory bail.
Anticipatory Bail Conditions
The High Court directed that in the event of their arrest, each of the three women shall be released on anticipatory bail upon furnishing a personal bond of Rs 50,000 along with one solvent surety of the like amount.
The court also directed the applicants to cooperate with the investigation, appear before the investigating officer whenever required, refrain from influencing witnesses, not leave India without prior permission of the court, and comply with the conditions prescribed under the Bharatiya Nagarik Suraksha Sanhita.
