The main legal point established in the judgment is the seriousness of allegations of abetment to suicide, the need to protect children from mental harm, and the court's consideration of the petitioner's role in the alleged mental torture of the deceased child.

JUDGMENT :

Brijesh Sethi, J.

Vide this order, I shall dispose of an application filed by the petitioner Ritika under section 438 read with Section 482 of Cr.P.C. for grant of anticipatory bail in case FIR No. 38/19 registered at PS Inderpuri.

2. The case of the prosecution is that X (actual name withheld) the only daughter of the complainant (who was born on 20.12.2005) was studying in class-VII at Gyan Mandir Public School, E-Block, Nariana Vihar, New Delhi-110028. The complainant is an Advocate by profession and is practicing at Tis Hazari Courts, Delhi. The daughter of the complainant had been asking the complainant to change her school for the last three months but the complainant had told her that since most of the session is over, she will definitely change her school next year. The complainant had also been asking her daughter the reason for change of school but she had only replied that the atmosphere in the school is not good. On 30.11.2018, the daughter of the complainant had come weeping from the school and told the complainant in the evening that she would not go to school tomorrow. On next day i.e. on 01.12.2018, the daughter of the complainant did not go to school and stayed at home. As usual, the complainant went to court at about 1.00 p.m. asking her daughter to take help of her grandmother (Nani) who resides in the same lane at a little distance. In the evening, the complainant had contacted her tuition teacher to prepare her daughter for the tests which were to commence from Monday i.e. 03.12.2018. However, the tuition teacher replied that she has not turned up. Complainant also contacted her mother who resides in the same locality to contact her daughter and try to send her for tuition. In the meanwhile, the complainant also reached home at about 6.00 p.m and knocked the door repeatedly but the same was not opened. The complainant thought that her daughter might be in sound sleep but after passage of nearly an hour, she became panicky and asked the neighbours to break open the glass of the window which was by the side of main door. After breaking the glass, she managed to open the door and when she entered the room, she saw that her daughter was hanging with the ceiling fan. She hurriedly brought her down after opening the knot of the Chunni with the help of the neighbourers. The complainant with the help of her neighbours took her to Kapoor Nursing Home, Nariana Vihar. On the door of the hospital, one junior doctor met the complainant and told her that there is no facility of ventilator and therefore, she should take her daughter to some other hospital. Complainant asked her for ambulance but the doctor blatantly refused. She managed a three wheeler scooter and took her daughter to Kheda Metro Hospital in Pandav Nagar, Delhi where she was declared brought-dead.

3. The Investigating Officer conducted the investigation and recorded her statement. Complainant told all the facts to the IO but at that time she was not aware that her deceased daughter has written a suicide note. The complainant, therefore, told the IO that at present she is unable to say as to who is responsible for suicide.

4. It is the case of the prosecution that though when the complainant was lifting her daughter after bringing her down from ceiling fan, she had noticed that something was written in the register but since the daughter was to be rushed to the hospital, she did not care to go through the same. At the time when dead body was being moved, doctor at the hospital had noticed something written by pen on both the hands and palms. The doctor had asked her to take photographs from her mobile phone but she was in great shock, she had asked the doctor to help her. The doctor with the mobile phone of the complainant took photographs of both palms and hands where something was written. The photographs taken by the doctor revealed that on one palm, it has written that, "meri maut ki khabar school tak jarur pahuchana".

5. Some persons and childre