Atul Subhash Suicide| 'Ingredients For Abetment Of Suicide Prima Facie Made Out' : Karnataka HC Refuses To Stay Investigation Against Wife

The Karnataka High Court on Monday orally observed that it cannot quash the complaint filed against Nikita Singhania for allegedly abetting the suicide of her husband Atul Subhash, a Bangalore based techie, as prima facie ingredients of the offence are made out in the complaint.

Atul Subhash died by suicide on December 9, 2024. He left behind a video accusing his wife and in-laws of harassing him by filing false matrimonial cases.

A single judge Justice S R Krishna Kumar refused to stay further investigation in the matter, stating, “Where is the question of short-circuiting investigation in such a matter, why don't you want the investigation to happen?”

The counsel for the petitioners argued that no ingredients were made out in the complaint for registering a case of abetment under Section 108 read with Section 3(5) of Bhartiya Nyaya Sanhita.

It was contended that the complaint did not speak of any action committed by the petitioners which would show cause of abetment.

Petitioners further claimed that they have a right to seek legal remedies and they cannot be booked for abetment merely for the reason of lodging a case against the deceased.

The bench however orally remarked that details of the alleged offence were stated in the complaint in detail.

“Are you saying no ingredients of abetment to suicide are made out in the complaint? Details are given, everything is given. Look at the FIR, the complaint and say what is missing? What more details should have been given, everything is given for abetment of suicide...In this complaint details are forthcoming. According to me, the necessary ingredients are made out and prima facie at the 482 stage, what more should I look at,” the Judge said orally.

The Court then proceeded to issue notice to the Respondents and directed them to file their objections. The matter is posted for further hearing after two weeks.

Meanwhile, prosecution has been directed to produce the material collected during investigation.

The 34-year-old techie also left behind a 'justice is due' placard and a 24-page suicide note. He made allegations of harassment against the Respondents, during an ongoing legal battle over divorce, alimony, and child custody in a family court in UP's Jaunpur district.

An FIR was lodged against Nikita and her three family members by Bikas Kumar, the brother of Atul. The accused were granted bail by a court in Bengaluru on Saturday.

Case Title: Nikita Singhania & Others AND State of Karnataka & ANR

Case No: CRL.P 14463/2024