The court ruled that the definition of 'instigation' in abetment of suicide requires evidence of urging the deceased to commit suicide, emphasizing the accused's intent over the deceased's feelings.

ORDER :

BECHU KURIAN THOMAS, J.

Petitioner apprehends arrest in connection with the suicide of a young lady. Petitioner is alleged to have inter-alia, abetted the said act. Apprehending arrest, petitioner seeks anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS').

2. On 24.03.2025, upon receiving information that the dead body of a lady of around 24 years in age was found near the railway tracks at Chakka Railway Bridge, Crime No.396/2025 of Pettah Police Station, Thiruvananthapuram was registered under section 194 of the BNSS. Subsequently, after identifying the deceased as Ms. Megha, and on recording the statement of her father apart from conducting initial investigation, the offence was altered to sections 108, 318(4), 316(3) and section 69 of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'). Petitioner is thus arrayed as the first accused while his uncle was subsequently added as the second accused.

3. Petitioner is an officer of the Intelligence Bureau and pleads that though he was in a relationship with the deceased, and both of them were intending to get married, since her parents were against the marriage she was under severe stress, which led her to commit suicide. He asserts that he had not indulged in any act that could have contributed to her death.

4. In a statement filed by the investigating officer, it is pleaded that since materials have been obtained during investigation that petitioner was behind the death of Ms. Megha and soon after she committed suicide, he switched off his phone and absconded. According to the investigating officer, the statements of witnesses questioned so far and the documentary materials collected indicate that the deceased committed suicide due to extreme mental agony that arose out of the mental torture inflicted by the petitioner. It is also stated that while the petitioner maintained parallel relationships with other women, he even tried to force the deceased to commit suicide. The call records between the petitioner and the deceased were referred to, which will indicate that the last call was made by the deceased to the petitioner. It is further stated that even the entire salary was being transferred by the deceased to the petitioner from October 2024 onwards. The statement of the investigating officer narrates the various steps adopted by them to trace out the petitioner, but all of no avail.

5. The mother of the deceased, who was impleaded as additional third respondent, filed a counter affidavit stating that petitioner had sexually exploited the deceased and that he had impregnated her and thereafter forged a wedding invitation card and got the pregnancy medically terminated. She further stated that they - the parents of the deceased, had given their consent to the marriage with the petitioner and had no objection at all. However, it was the petitioner who had sent a message to the mother of the deceased expressing his difficulty to consider marriage.

6. Sri.C.P.Udayabhanu, learned counsel for the petitioner contended that the prosecution allegations are totally false and the petitioner is absolutely innocent. According to the learned counsel, the petitioner and the deceased were colleagues and their decision to get married was opposed by the parents of the deceased who prohibited her from maintaining any contacts with the petitioner as a result of which, the deceased felt distressed. It was submitted that, due to the pressure exerted by her parents, who forced her to agree for another marriage proposal against her will, she committed suicide by jumping in front of a train on 24.03.2025. The learned counsel submitted that petitioner has no role in the deceased taking her life and has also not abetted the same. According to the learned counsel, petitioner is a person who has been seriously affected by the untimely demise of his beloved partner and he has not only lost his life's love but it has also shattered him and deprived