Drastic Step Due To Instigation Or As A Result Of Weak Mental Health? Punjab & Haryana High Court Grants Anticipatory Bail To Wife Accused To Abetting Husband’s Suicide
The Punjab & Haryana High Court allowed a Petition under Section 482 of the BNSS of a wife booked under Section 108 of the BNS.
The Punjab and Haryana High Court granted anticipatory bail to a wife accused of abetting her husband’s suicide while stating that the Trial Court will have to determine whether the deceased took the “drastic step” due to the constant instigation of the Petitioner or as a result of weak mental health.
The Court allowed a Petition under Section 482 of the BNSS of the Petitioner, a mother of two, who was booked under Section 108 of the Bharatiya Nyaya Sanhita (BNS) 2023 in connection with the suicide of her husband. The Bench stated that it was yet to be ascertained by the Court whether there was any interaction or conversation preceding the “unfortunate” death in this case.
A Single Bench of Justice Sanjay Vashisth remarked, “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.”
Advocate Jasdeep Singh Salooja appeared for the Petitioner, while DAG Amandeep Singh represented the Respondents.
Brief Facts
The FIR was registered on the complaint of the father of the deceased alleging that his son, who was working as a Project Manager in an IT company, had left home in his car and was later found unconscious after consuming poisonous medicine. He was taken to a hospital where he later passed away.
The complainant alleged that before his death, the deceased sent a mobile message to him, expressing distress over marital disputes, particularly regarding his wife's insistence on shifting his parents to an old-age home. The printed copy of the message, along with the mobile phone of the deceased, was handed over to the police.
Court’s Reasoning
The High Court pointed out that the suicide note/message indicated that the marital life of the Petitioner and the deceased was not smooth and that the deceased was perturbed by the Petitioner’s insistence on living separately from his parents.
However, the Court noted that there was no direct provocation or recent serious altercation that instigated the deceased to take his life.
The Bench explained, “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.”
“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. Petitioner is neither a registered nor an 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 1½ years, respectively, would naturally require their mother’s care in their daily lives,” the Court noted.
Consequently, the Court ordered, “Considering the aforementioned parameters and the factors, which are yet to be gone into by the trial Court after having the evidence before it, and also by considering the judgments relied upon by counsel for the petitioner, as discussed and noticed here-above, 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.”
Cause Title: Sonika Sharma v. State of Punjab (Neutral Citation: 2025:PHHC:031616)
