Suicide Note Doesn't Show Serious Fight Between Couple: Punjab & Haryana HC Grants Pre-Arrest Bail To Wife Accused Of Abetting Husband's Suicide

The Punjab & Haryana High Court has granted anticipatory bail to a wife accused of abetting the suicide of her husband, observing that no serious fight in the recent past has been shown in the alleged suicide note.

The Court noted that prima facie, as per the alleged suicide note, the husband was perturbed with the unwarranted desire of the wife, whereby, she had been insisting to reside separately from her parents-in-law.

 Justice Sanjay Vashishth said, "Undoubtedly, there must be some reasons behind it, such as, disliking of each other along with temperamental issues. In the said suicide note, it does not come out that when in recent past any serious fight/altercation took place between the petitioner and her husband or which act had instigated the deceased to commit suicide."

The Court was hearing a pre-arrest bail of a woman who was booked under Section 108 IPC (Abetment of suicide). The couple was married in 2019 and had two children out of the wedlock.

According to prosecution, On July 03, 2024, information was received that the deceased was found near Punjab's Khanna in the car, after consuming poisonous medicine and was in an unconscious condition, but later on, died in the Civil Hospital. On July 04, the complainant along with the petitioner –wife and other relatives reached Khanna, and there statement of the petitioner was recorded under Section 194 of BNSS, 2023.

In the FIR, the complainant also got recorded that his son had typed a message from his Mobile stating the following,

“ I am writing this with full consciousness, I am writing that I am upset with Sonika. Her only wish has been from five years that I should shift my mother to some old age home. I am tired of making her understand one thing that mom's mental state is not right but she is not understanding this thing”...“I want a bit of rest, I am sitting in the car, sending the location”

Counsel representing the petitioner argued that the essential ingredients of Section 107 of BNS, 2023 (equivalent to Section 107 of IPC) are not fulfilled, and therefore, there is no abetment on the part of the petitioner. 

After examining the submissions, the Court referred to a recent Apex Court's decision while dealing with the application for discharge in Mahendra Awase v. State of Madhya Pradesh stated that the provision (S.306IPC/S.108 read with 45 BNS) cannot be invoked merely to pacify the sentiments of the family of the person who died by suicide. The interactions between the accused and the deceased must be seen from a practical point of view and hyperbolic exchanges should not be exaggerated as incitement to suicide.

The Court observed that it is yet to be ascertained by the Court whether there was any interaction or conversation preceding the unfortunate death in this case.

"Undoubtedly, collection of evidence during the investigation and its subsequent proving before the trial court will play a crucial role in determining the facts," it added.

Justice Vashishth said, it would also be examined whether the deceased, took a drastic step of finishing his life due to the regular and constant instigation of the petitioner or same was the result of weakness of his own mental health.

The Court added further that at this stage, there doesn't appear to be any substantial material, which requires to be recovered from the possession of the petitioner, such as, weapon etc., because the allegations are not such. The petitioner is neither a registered nor a habitual criminal, which may cause any threat to the witnesses or may influence them in any manner. Furthermore, two minor children, who are aged about 04 years and 11⁄2 years, respectively, would naturally require their mother's care in their daily lives.

Considering that neither there is no material produced by the parties, nor is there any record available regarding any litigation initiated by the petitioner or her deceased husband before any Court and in view of supporting case laws, the Court said, "I deem it proper to extend the concession of anticipatory bail to the petitioner, who is a woman and the mother of two minor children."

Mr. Jasdeep Singh Salooja, Advocate for the petitioner.

Mr. Amandeep Singh, DAG, Punjab.

Title: Sonic Sharma v. State of Punjab

Citation: 2025 LiveLaw (PH) 112

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