The Delhi High Court, while granting bail to a husband in a dowry death case, held that mere suspicion of an extramarital affair or strained relations without further evidence is insufficient to establish abetment of suicide.
The deceased reportedly revealed in phone calls that her husband was having an extramarital affair with a colleague. It was also alleged that the husband physically abused her and that she faced regular domestic violence in the year before her death.
The Bench of Justice Sanjeev Narula observed, “with respect to the alternative charge under Section 306 IPC, the law requires a clearly discernible act of instigation, provocation, or intentional omission. Mere suspicion of an affair or even strained relations, without more, does not meet this threshold. The Supreme Court has consistently emphasized that, for a charge under Section 306 IPC to be sustained, the accused must have instigated, provoked, or engaged in facilitating or encouraging the commission of suicide.”
The Court noted that the dowry harassment allegations were based on the husband pressuring the deceased to arrange money for car instalments. However, since neither the deceased nor her family made any complaint about this during her lifetime, the Court said the lack of any immediate or timely grievance weakens the credibility of the dowry harassment claim.
“It is well-established that the object of granting bail is neither punitive nor preventative. The primary aim sought to be achieved by bail is to secure the attendance of the accused person at the trial. Accordingly, in light of the foregoing facts and circumstances, the Applicant is directed to be released on bail on furnishing a personal bond for a sum of INR 50,000/- with two sureties of the like amount, subject to the satisfaction of the Trial Court/Duty MM.” the Court noted.
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