Punjab & Haryana HC: Anticipatory Bail Denied in Abetment to Suicide Case Based on Suicide Note Alleging Harassment Over Property Deal
Case Name: Naresh Kumar Nasa v. State of Haryana
Date of Judgment: January 13, 2020
Citation: CRM-M No. 469 of 2020 (O&M)
Bench: Hon’ble Mr. Justice Arvind Singh Sangwan
Held: The High Court dismissed the anticipatory bail petition filed under Section 438 CrPC by Naresh Kumar Nasa in an abetment to suicide case under Sections 306 and 34 IPC. It held that the suicide note specifically named the petitioner and co-accused Yogesh Bajaj, alleging harassment and humiliation due to non-payment of the agreed sale consideration for the deceased’s house. The Court noted inconsistencies in the sale agreements, including suspicious entries and non-payment of balance amounts, and concluded that custodial interrogation was required. The mere fact that the sale deed was not challenged by the deceased during his lifetime could not absolve the accused.
Summary: The complainant’s husband, Om Parkash, committed suicide on 30.11.2019, leaving behind a note blaming the petitioner and co-accused Yogesh Bajaj. He stated that they had agreed to buy his property for Rs. 1.58 crore, promised partial payments, but failed to pay the balance, instead harassing him and threatening to sell the house themselves. The petitioner argued that there were two agreements to sell, one dated 09.03.2019 fixing consideration at Rs. 84 lakh and another dated 01.04.2019 fixing it at Rs. 1.58 crore, and that payments had been made directly to the finance company to clear loans. The defense contended that it was a financial dispute without ingredients of abetment. The State and complainant opposed bail, pointing out that despite execution of sale deed in May 2019, no balance payment was made, which pushed the deceased into despair. The Court found the March 2019 agreement doubtful, as crucial details lacked signatures, and observed that the accused persons’ conduct, including withholding payment and causing humiliation to a financially strained man, directly abetted his suicide.
Decision: The High Court dismissed the anticipatory bail petition, holding that serious allegations supported by the suicide note and sale documents required custodial investigation of the petitioner.