To establish abetment of suicide under IPC, intentional instigation by the accused must be proven, demonstrating that the victim had no alternative but to take her life.

ORAL ORDER

Petitioner is the sole accused in Crime No.133/2024 of Rajajinagar Police Station, registered for offence punishable under Section 108 of the BNS, 2023.

2. This petition is preferred under Section 483 of the BNSS 2023 praying to enlarge the petitioner on bail.

3. Heard the learned senior counsel appearing for petitioner, learned Additional SPP for the State and perused the material on record.

4. Complaint is lodged by the victim’s father. It is averred in the complaint that his daughter Priyanka, aged 19 years was pursuing her studies in MES Composite College. On 29.11.2024, at about 07:00 a.m., his wife Smt. Divya. G., informed him over phone that their daughter has committed suicide. Immediately, he rushed to the house and noticed his daughter's dead body hanging in the 3^rd floor of the balcony of their building. When he enquired with his daughter’s friends namely Sonia Reddy and Sanjana. S., they informed him that the petitioner had befriended his daughter and getting to know that complainant is into gold business, petitioner showed videos of super car and Casino to his daughter and inducing her that he will get the money doubled, took gold jewellery worth Rs.15,00,000/- from her and thereafter, without returning the jewellery started harassing her. It is also alleged that the petitioner was telling bad things about his daughter to everyone and he was threatening her, due to which she was mentally disturbed. Hence, keeping a death note in the back cover of the mobile, she committed suicide by hanging using a veil.

5. The learned Additional SPP has contended that the petitioner, taking advantage of the innocence of the deceased, a young girl aged 19 years, who reposed trust in him and handed over the jewellery, sold the said jewellery to CWs.33. Further, he assured her that he will get the money doubled but cheated her without returning the jewellery or money and started harassing her and told bad things about her to others, due to which she was mentally disturbed and committed suicide. She contended that the conduct of the accused has led the deceased to take the extreme step of committing suicide and therefore, the ingredients of the offence are made out, hence, there is a prima-facie case against the petitioner.

6. Learned senior counsel appearing for the petitioner has contended that to attract the ingredients of abetment, the prosecution has to show that the accused has intentionally aided or instigated or abetted a person to commit suicide. He contended that in the present case the same is lacking. He contended that the complaint allegations are very vague and bald and not supported by any material evidence. Petitioner is a student aged about 20 years. He has no past criminal antecedents. He is ready and willing to abide by any conditions which may be imposed by the Court and accordingly, sought to allow the petition.

7. It is alleged that the petitioner befriended deceased Priyanka. B, and assuring that he will get money doubled, received gold ornaments worth Rs.15,00,000/- from her, but did not return the gold jewellery or money as promised, on the other hand started harassing, telling bad things about her to others.

8. It is the case of prosecution that due to the conduct of accused, deceased was mentally disturbed and committed suicide by hanging herself, leaving a death note, accusing him solely responsible for her to take the extreme step.

9. Learned senior counsel has relied on a decision of the Hon’ble Apex Court in the case of 'AYYUB AND OTHERS V/s. STATE OF UTTAR PRADESH AND ANOTHER ' reported in2025 SCC Online SC 259 , wherein, the Hon’ble Apex Court has reiterated that 'in order to make out an offence under Section 306 of IPC , Specific abetment as contemplated by Section 107 of IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abatement is required. It is further held that the intention of the accused to aid or instigate or to abet t