“Do Whatever You Want” Said In Anger During Domestic Quarrel Does Not Amount To Abetment Of Suicide: Bombay High Court

The Bombay High Court has held that words spoken in anger during a domestic quarrel, such as “do whatever you want”, followed by the husband leaving the house, do not prima facie amount to instigation or any intentional mens rea to push the wife to commit suicide.

The Court observed that abetment of suicide requires a direct, positive act at the behest of the accused which intentionally instigates the victim to commit suicide, in proximity to the incident, and cannot just be a reaction to a quarrel or words spoken in anger.

The Court granted bail to a 37-year-old lecturer booked under Sections 108, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) after his wife died by suicide, holding that his custodial interrogation was not necessary.

The Bench of Justice Milind N. Jadhav observed, “Words spoken in anger in a domestic quarrel, namely “do whatever you want”, followed by the Applicant leaving his house after the quarrel prima facie do not amount to instigation or any intentional mens rea or conspiracy to push the victim to commit the incident in question. It is seen that abetment to suicide requires a direct act at the behest of the accused which would intentionally instigate the victim to commit suicide and most importantly such an act should be in proximity to the said incident and should be a positive act which comes directly from the demeanor and behavior of the accused person and cannot just be a reaction to a quarrel or words spoken in anger.”

Advocate Nitin Gaware Patil appeared for the Applicant, while APP Shilpa Talhar appeared for the State.

Brief Facts

An application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in connection with an FIR registered in Pune for offences under Sections 108, 85 and 3(5) of the BNS.

The applicant, a 37-year-old lecturer at an engineering college in Pune, was arraigned as accused No. 1. The other four co-accused, his father, mother, brother and sister-in-law, were protected by anticipatory bail orders. The victim was his 40-year-old wife, who died by suicide. The FIR was lodged by her brother.

It was the applicant’s second marriage, his first having ended in divorce. After the marriage, the couple lived in a joint family with the applicant’s parents and brother. The FIR alleged that the mother-in-law and sister-in-law did not allow the victim to touch certain household articles and taunted her. Against the applicant, the allegations were that he did not give enough time to the victim, avoided taking her to relatives and outside, and pushed her away whenever she tried to come close to him.

About a month before the incident, the couple shifted to a separate flat. On 13.09.2026, a quarrel took place between them, during which the victim allegedly expressed her intention to commit suicide if the applicant did not listen to her, to which the applicant retorted that she could do whatever she wanted. The applicant then left for his brother’s house. The victim called her maternal uncle complaining about harassment by her in-laws and thereafter died by suicide by hanging. The applicant discovered her when he returned home.

The prosecution’s case was that the applicant subjected the victim to cruelty and abetted her suicide. The APP vehemently opposed the bail application.

Observations/Findings of the Court

The Court noted that while the statements recorded showed certain specific instances of harassment attributed to the mother-in-law and sister-in-law, the victim had separated from them a month before the incident and was living separately with the applicant.

Finding no instigation in the FIR, the Court observed that the FIR did “not disclose any such instigation or positive / overt act attributed to the Applicant so as to drive the victim to take the inevitable step.”

On the allegation of cruelty, the Court observed, “Insofar as the aspect of cruelty alleged against Applicant is concerned, it is seen that a spouse not giving time and not taking the spouse out are prima facie allegations of marital discord and considering the nature of work of the Applicant who is a lecturer it is prima facie understandable that he may not have the time to do so. What is crucial is that there is no force, violence or abuse in the relationship between the parties, nor is there any demand of money or articles having been demanded by the Applicant in a time-bound manner.”

The Court further noted that in the 14 months of cohabitation with the Applicant, the victim had not raised any complaint. It took note that the applicant is well-qualified, holding an M.E. (Civil) and a Ph.D., has no antecedents and has deep roots in society, and that no recovery was pending from him.

The Court also observed, “Prima facie, the material placed on record also shows that the victim was short-tempered and used to get upset when the Applicant did not spend much time with her and in view of the College of the Applicant undergoing NAAC accreditation, the Applicant was not in a position to spend much time with her.”

On the allegations against the other co-accused, the Court held that they also cannot be deemed to be in the nature of cruelty or harassment as they lack material specifics and proofs.

Holding that custodial interrogation of the applicant was not necessary, and noting that the material prima facie showed no unlawful demand, the Court allowed the bail application. It directed the applicant’s release on a personal bond of ₹15,000 with one or two sureties, along with conditions including monthly reporting to the Investigating Officer, not leaving Maharashtra without the Trial Court’s permission, and not influencing witnesses or tampering with evidence.

The Court clarified that its observations are prima facie in nature and will not come in the way of the trial.

Cause Title: XXXX v. State of Maharashtra [Bail Application No. 4141 of 2026]

Appearances:

Applicant: Advocates Nitin Gaware Patil and Prithviraj Mundwadkar.

Respondent: APP Shilpa Talhar.

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