Bengaluru, Jan 6 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.
The bench in disapproval of the demand by Subhash's wife stated that the FIR gives out everything 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 submitted to the court that no ingredients were made out in the complaint for registration of the FIR over the abetment of suicide.
It was also submitted that the deceased Atul Subhash had not mentioned any act by his wife and family members which drew him to commit suicide.
The counsel further argued that the petitioner had the right to get legal remedies and couldn't be booked just for lodging a complaint against Atul Subhash.
The court issued notices to respondents and directed them to file objections. The direction was also given for the prosecution to submit 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 stated 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 committed suicide alleging 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 lodged a police complaint alleging abetment to suicide with the Marathahalli police in Bengaluru.
Bikas Kumar alleged in the complaint that false cases were lodged against his brother (Atul Subhash) by the accused, 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 alleged that the deceased Subhash demanded a hefty dowry from her family which resulted in the death of her father.
Pavan Kumar Modi, Atul Subhash's father, had stated that the family is worried about the safety of his grandson.
"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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