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The Calcutta High Court, in a recent decision, has granted bail to a woman due to non-presence of the allegation of ‘direct incitement’ in a suicide note even though the note expressly mentioned her to have caused distress to the deceased.

The deceased husband left a suicide note disclosing his agony with regard to the conduct of his wife who is alleged to have had extra marital affairs. He also expressed deep sorrow due to the greedy nature of his wife and her relations.

The accused filed for anticipatory bail stating that the relationship between her and her deceased husband was strained, however, he had committed suicide out of depression. She stated that ingredients of the offence punishable under Section 306 of the Indian Penal Code are not disclosed in the instant case.

Per contra, the State opposed the prayer for anticipatory bail submitting that the victim had left behind a suicide note implicating the petitioner. However, Justice Joymalya Bagchi and Justice Bivas Pattanayak, hearing the matter stated:

“No doubt, deceased was deeply hurt by the behaviour of his wife. However, in the note there is no reference to any express incitement held out by the petitioner towards the deceased to commit suicide.”

The Court continued that whether the petitioner’s conduct would constitute abetment of suicide or not requires to be assessed in the course of trial.

“However, under the aforesaid circumstances, we are of the opinion though custodial interrogation is not necessary, the petitioner requires to cooperate with the investigation in accordance with law,” the Court stated.

Cause Title: Shikhari Basu alias Biswas vs State of West Bengal