Three accused have been arrested in the suicide case of AI engineer Atul Subhash. Atul’s father Pawan himself called Himanshu Srivastava Advocate at 8:56 and confirmed whether the news running on TV channel is true. Then he was told that yes this news
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After this he started crying bitterly and said that I am worried for my grandson that Nikita, his mother and brother have been arrested. Where is the grandson and in what condition? My heart is sinking thinking about this. His grandson is in the hands of such bloody people. Now he has been arrested. I am very worried about my grandson. I demand from you people to convey my message to the Prime Minister and the President so that my grandson is handed over to me. Don’t know what will happen to him and what condition he will be in.
The crime committed by the accused is a bigger crime than murder. Time and again my son was instigated to commit suicide. Pawan also accused the judge. The thought of suicide had repeatedly entered my son’s mind and my son took such a big step. Such accused should be given the harshest punishment. Regarding the matter of changing the complaint of the son, he said that at that time we were in complete distress.
Now, the case for recovery of maintenance amount will be closed. The Jaunpur case in which Atul committed suicide citing the hasty date and the order for excessive amount of money, that case will not continue now. On July 29, the family court had ordered that Atul pay ₹ 40,000 as maintenance to his four-year-old son Vyom. The court had rejected the claim regarding wife Nikita because she was working. Was getting salary. And was able to support herself.
A maintenance order of ₹ 40,000 was ordered in respect of son Vyom. Nikita had filed a case against Atul on behalf of Vyom to recover the amount mentioned in the order. The hearing of this case is today.
If the son himself becomes the owner of his father’s property, then from whom will he recover it? In this regard, Atul’s advocate Awadhesh Tiwari said – The criminal case for maintenance ends after the death of the accused, as far as recovery from Atul’s property is concerned, now the son himself should be the owner of Atul’s property. Will go. There is no point in extorting money from your own property. Since that case was going on only against Atul.
After Atul’s death, he ceased to be a lawyer in that case. Now either if no one is present from the side of child Vyom, then the case will be dismissed or if information is given from his side that Atul has died, then the case will become ineffective. The case of dowry harassment and domestic violence will continue against other accused, because apart from Atul, other people are also accused in it.
If found guilty in Atul suicide case, the punishment is up to 10 years and fine. In the Atul suicide case, wife Nikita was arrested from Gurugram and mother Nisha and brother Anurag were arrested from Prayagraj. He was taken to Bengaluru court and presented. The court sent him to jail in judicial custody.
The deceased’s brother Vikas had lodged an FIR under Section 108 and 3(5) BNS against Nikita, Nisha, Anurag and Sushil at Marathahalli police station in Bengaluru on 9 December. Section 108 of BNS deals with abetment of suicide in which if any person commits suicide then whoever abets such suicide shall be punished with imprisonment of either description for a term which may extend to 10 years and with fine.
According to Section 3(5) BNS, when a criminal act is done by each of several persons in furtherance of their common intention, each of such persons is liable for that act in the same manner as if the act had been done by him alone. If done, that means everyone will get equal punishment.
Section 108 BNS is cognizable (arrest without warrant), non-bailable and triable by the Sessions Court. That is, if in future the accused in Atul suicide case are found guilty after the trial in Bengaluru court, then they will be punished with imprisonment for 10 years and fine. Atul’s father says that the accused have committed a crime more serious than murder. They should get severe punishment.
As far as transit remand is concerned, in this regard, advocates Umesh Shukla, Abhishek Bhardwaj and Praveen Solanki said – If a person is arrested in another district or state and it takes more than 24 hours to reach the district where the crime has been committed. If it takes time then where the arrest has been made. It is necessary to get a transit remand from the court there, because the arrested person must be sent to the place where the crime took place within 24 hours.
It is necessary to produce him in the court concerned, but if the accused is transported from the place of arrest to the court concerned at the place of crime within 24 hours, then transit remand is not required. In this also the travel time is reduced.
Earlier this provision was in Section 167 CrPC. It is now mentioned in Section 187 of the Indian Civil Defense Code 2023. According to police sources, in the Atul suicide case, the police presented the three accused before the Magistrate of Bengaluru Court within 24 hours of their arrest. The court sent the accused to jail.
Atul’s brother said- I will fight to any extent to get justice Deceased Atul’s brother Vikas told the media – I will ask the Supreme Court to form a court committee. I want to tell the Narendra Modi government to form a committee at its level and conduct an impartial investigation into the matter. Told the media- If the name of the judge is involved in this then it is possible that you people too may be pressurized. I expect from you people that you are media people, so even after the name of the judge comes, I expect from you that this case will not be suppressed.
A demand of Rs 3 crore was made. Even after paying Rs 3 crore, is there any law in our country that even after paying the money, she does not file a case? My brother felt that we were trying to strengthen them by giving them our money so that they can utilize our money and file a case against us. Is this the system?
An order of ₹ 40,000 was made in relation to the child. To what extent is ₹40,000 per month justified for a 4 year old child? You should have some criteria, you should have some basis on how to decide the amount, it should not just be that your income is more, then you will decide more amount.
I want that if my brother is no more, then the rights of my child should go to me and our family members should get it because Nikita and his family cannot raise him properly, that is certain.
Brother has written in the suicide note that now all the responsibility is on him. Said that now I have to take care of the entire family and take care of my parents. Was free earlier. My brother has committed suicide. I will fight for him to any extent. I want justice.
Anticipatory bail petition in relation to the arrested accused became ineffective To avoid arrest, the four accused in the Atul suicide case, Nikita, Nisha, Anurag and Sushil, had filed anticipatory bail petitions in the High Court on December 12 before the single bench of the High Court, which is in the fresh list, in which the hearing would probably take place on Monday. It is a different matter whether they get anticipatory bail or not, but before that on Saturday, Bangalore Police arrested Nikita, Nisha and Anurag.
Presented in Bengaluru court. The court sent him to jail. Now the anticipatory bail petition will become ineffective in relation to these three accused because in the anticipatory bail petition there is usually an order that the accused cannot be arrested before the police files the charge sheet in the court, the arrest remains till the charge sheet, but All three accused were arrested even before that order was passed, hence the anticipatory bail petition itself became ineffective.
