HC grants anticipatory bail to Sushil Singhania in Atul Subhash suicide case

Sushil Singhania is facing the media trial of the highest level, it was argued

The Allahabad High Court on Monday (December 16, 2024) granted anticipatory bail to Sushil Singhania, uncle of Nikita Singhania, in the suicide case of Artificial Intelligence engineer Atul Subhash.

The order was passed by Justice Ashutosh Srivastava, who was hearing an anticipatory bail filed by Atul's wife, Nikita Singhania, and in-laws.

Nikita Singhania was arrested from Gurugram, Haryana, while her mother, Nisha Singhania and brother, Anurag Singhania, were picked up from Uttar Pradesh's Prayagraj for abetting Subhash's suicide, a Bengaluru Police official said.

He said they were arrested on Saturday morning (December 14, 2024), brought to Bengaluru, and, after being produced before a local court, sent to 14 days’ judicial custody.

In the Allahabad High Court, senior counsel Manish Tiwary, at the very outset, submitted that the Bengaluru City Police have already arrested the wife, mother-in-law and brother-in-law of the deceased, and the present anticipatory bail application is being pressed on behalf of the applicant Sushil Singhania alone.

It was argued that the arrests had been made on the basis of an alleged suicide note and a video which have gone viral over the internet. Sushil Singhania is facing the media trial of the highest level, it was argued.

It was also submitted that Sushil Singhania is 69 years of age and has a chronic medical condition. He is virtually incapacitated and there is no question of him abetting the suicide, it was further submitted.

It was also argued that there is a distinction between abetment and harassment, and if the suicide note is taken at its face value, the allegations levelled at most would be taken to be harassment for implicating the deceased in false cases and extracting huge sums of money.

In any case, the offence suicide under Section 108, 3(5) of the BNS cannot be said to be made out, it was argued.

It has also been argued that Sushil Singhania should be granted protection for a reasonable time so that he can present his version to the court and the authorities concerned and seek the remedy available to him under the law before the court in the state of Karnataka, from which the FIR emanates.

After hearing the counsels for the parties, the court observed, "Considering the above, the court is of the opinion that applicant Sushil Singhania is entitled to get the privilege of pre-arrest (Transit) Anticipatory." "Accordingly, it is directed that in the event of arrest of the applicant in connection with the case crime no. 0682 of 2024 under Section 108, 3(5) of the BNS, Police Station Marathahalli, Bengaluru City, he shall be released on anticipatory bail in the aforesaid case till the submission of police report, if any under section 173 (2) CrPC on furnishing a personal bond of Rs 50,000 with two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned," the court said.

The court also imposed some conditions: The applicant shall make himself available for interrogation by a police officer as and when required. He shall not directly or indirectly induce, threaten, or promise any person acquainted with the facts of the case to dissuade him from disclosing such facts to the court or any police office, and he shall not leave India without the previous permission of the court.

If the applicant has a passport, it shall be deposited by him before the SSP or SP concerned, the court said.

Published - December 17, 2024 08:34 am IST