1. Anticipatory bail under Section 482 BNSS for offences of abetment of suicide — FIR alleging harassment leading to suicide of deceased and daughter. (Para 2 , 3 )
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
P. M. Raval, J
Rameshbhai Dharamshibhai Kankad – Appellant
Versus
State of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 6993 of 2026
1. Anticipatory bail under Section 482 BNSS for offences of abetment of suicide — FIR alleging harassment leading to suicide of deceased and daughter. (Para 2 , 3 )
2. Applicant contends no active instigation; State relies on suicide note naming applicant as harasser. (Para 5 , 6 , 7 , 8 )
3. Suicide note and investigating papers prima facie show applicant's complicity; deceased changed mobile number due to threats. (Para 9 )
4. When suicide note and investigation reveal direct involvement in harassment leading to suicide, anticipatory bail may be refused despite absence of direct instigation. (Para 9 )
5. Anticipatory bail application rejected. (Para 9 )
Court must assess prima facie evidence; if suicide note and investigation show direct harassment leading to suicide, bail may be refused even without direct instigation. (Para 9 )
Yes, if the note names the accused and indicates harassment that compelled suicide, it constitutes strong prima facie evidence of abetment. (Para 9 )
It corroborates the allegation of harassment and shows the accused's conduct, supporting the prima facie case for abetment. (Para 9 )
They guide exercise of discretion; court must weigh prima facie evidence and not grant bail when complicity clearly surfaces from record. (Para 9 )
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of notice of rule for respondent – State of Gujarat.
2. By way of this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11193004260099 of 2026, registered with Amreli (Rural) Police Station, District: Amreli, for the offences punishable under Sections 108 , 351(2), 352 and 54 of
Bharatiya Nyaya Sanhita, 2023.
3. The short facts of the matter are as follows:
The FIR is lodged by the complainant Hiteshbhai
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NEUTRAL CITATION
R/CR.MA/6993/2026 ORDER DATED: 30/03/2026
0.9001448384521487
Babubhai Ramani on 24.02.2026 for the incident which is alleged to have occurred on 22.02.2026. It is alleged by the first informant that the brother of the complainant - Deepakbhai Babubhai Ramani was married with the accused no.1 namely Hetalben Maganbhai Vekarya before about five months from the date of the alleged incident. It is alleged that after the marriage, the accused no.1 - Hetalben had resided with Deepakbhai Babubhai Ramani for about only 15 days and thereafter had returned to her marital home. It is alleged that the said incident was not taken in a good spirit by the family members of Hetalben and therefore, had threatened the brother of the first informant that he would be involved in false cases and thereby instigated him to commit suicide. It is alleged that the mental torture inflicted by the accused was unbearable and therefore, the first informant along with his daughter namely Riva aged 12 years, who was the daughter of the second wife of the deceased Deepakbhai, went to the field and fell in the well. It is alleged that the said Deepakbhai Babubhai Ramani and his daughter Riva had died. It is further alleged that on account of the mental torture inflicted by the accused, the deceased Deepakbhai Ramani and his daughter Riva had committed
suicide.
4. Pursuant to the afore-stated FIR, the applicant preferred anticipatory bail before the learned Sessions
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NEUTRAL CITATION
R/CR.MA/6993/2026 ORDER DATED: 30/03/2026
0.9001448384521487
Judge, Amreli, being Criminal Misc. Application No.109 of 2026 which came to be rejected vide impugned order dated 11.03.2026 by the Sessions Judge, Amreli, hence,
the present application.
5. Learned advocate Mr. B. M. Mangukia for the applicant would submit that the applicant has been falsely roped in the alleged offence. The applicant has not committed any offence as alleged in the FIR, in fact, on perusal of FIR, no role is attributed to the present applicant and the applicant is resident of village Dharai, which is about 500 km away from the place of incident, thus, the alleged allegations in the FIR with regard to the torturing by the present applicant cannot be believed. With no ingredients of Section 306 R/w Section 107 of Indian Penal Code are attracted here as per the contents of the FIR. That as per the Hon'ble Supreme Court in the case of S. S. Chheena Vs. Vijay Kumar Mahajan
reported in 2010 (12) SCC 190, wherein it is held that "abetment involves mental process of instigating a person or intentionally aiding a person in doing of a thing. When positive act on the part of the accused to instigate or aid in committing suicide, the conviction cannot be sustained. The Hon'ble Supreme Court further held that to attract the offence punishable under Section 306 of the Code, there has to be clear mens ria to commit offence. Therefore, it requires an active act or direct act which leads the deceased to commit suicide, leaving no option. Such an act must have intended to
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