Karnataka High Court on Monday rejected the plea for quashing of FIR against Nikita Singhania in connection with the alleged suicide case of Bengaluru techie Atul Subhash.
Subhash, an automobile company employee in Bengaluru had committed suicide over alleged torture and demand of Rs 3 crore by his wife Nikita Singhania for divorce settlement.
The single bench headed by Justice S.R. Krishna Kumar passed the order orally.
It was then that the wife of Subhash, in disapproval of the demand stated that the FIR gives everything required to book the case under abetment of suicide. "What more the bench can look into?" the bench said."
"The prima facie ingredients of the offence are made out in the complaint. Why don't you want the investigation to happen?" the bench asked Singhania.
The counsel for Singhania, in the petition submitted to the court, presented that no such ingredients were available in the complaint for registration of the FIR regarding abetment of suicide.
It was further submitted that deceased Atul Subhash had also not mentioned even a single act by his wife and family members which drew him to commit suicide.
The counsel continued to argue that the petitioner was entitled to legal remedies and could not be arraigned solely for lodging a complaint against Atul Subhash.
The court sent notices to respondents and ordered them to put objections. The prosecution was also directed to file the materials collected during the investigation.
A Bengaluru court on January 4 granted bail to the estranged wife and in-laws of automobile firm executive Atul Subhash, who committed suicide here last month citing a troubled marriage and accusing his spouse of harassment.
The family of Atul Subhash has said that after obtaining the order sheet, they would appeal against the decision in the High Court of Karnataka.
The bail was granted to Atul Subhash's wife Nikita Singhania, her mother Nisha Singhania and brother-in-law Anurag Singhania.
Atul Subhash had taken his life stating his wife demanded Rs 3 crore for divorce settlement.
The police registered an FIR against the accused persons under Sections 108, 3 (5) of the Bharatiya Nyay Sanhita (BNS) on December 9.
Bikas Kumar, Subhash's brother, had filed a police complaint accusing abetment to suicide at the Marathahalli police station in Bengaluru.
Bikas Kumar had, in his complaint, alleged that the accused had lodged false cases against his brother, Atul Subhash, demanding Rs 3 crore to settle the case. He had also alleged that his brother was taunted in the court during the proceedings that he had to either give Rs 3 crore or commit suicide.
Nikita's family had accused the deceased Subhash of demanding a huge dowry from her family, which led to her father's death.
Pavan Kumar Modi, Atul Subhash's father, said the family is scared for his grandson's safety.
"If the court grants bail to Atul's wife, she can attack the child and endanger his life. If she can drive my son to commit suicide, she can also do the same to the kid as well," he said.
My grandson was ATM to her. She got money on the pretext of taking care of him. She approached the High Court demanding Rs 20,000 to Rs 40,000. She went on to appeal for Rs 80,000. Even after this, she went on demanding more money. Hence, we have approached the Supreme Court for the custody of the child as he is safe with us," he had stated.
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