Akash Jindal, the counsel for deceased Bengaluru techie Atul Subhash, on Monday said that the accused wife should not be allowed to use the child as a tool to get bail in the court. Subhash committed suicide alleging harassment from his wife and her family for ₹3 crore divorce settlement.
Accused wife Nikita Singhania’s bail plea is set to be heard on January 4 in the Bengaluru court. Jindal further emphasised the criminal nature of the case and argued that Nikita should not be allowed to benefit from child custody, asserting the techie’s family’s request for full custody.
“The criminal nature is accumulating to this procedure and she can’t take advantage of the child and we have sought total custody of the child.”
They also noted that a habeas corpus petition has been filed with the Supreme Court, adding the court directed authorities across Uttar Pradesh, Haryana and Karnataka to locate the child.
“Why the 4-year-old child was staying away from his mother and he was in the hostel? The grandparents are worried about the grandchild,” he said.
Meanwhile, Atul Subhash’s father Pawan Kumar Modi said the family is worried about the safety of the child. He added that if the court grants bail to Atul’s wife Nikita Singhania, she could attack the child and endanger his life.
“If she can drive my son to commit suicide, she can also do the same to the kid as well,” he added. Furthermore, he said that his grandson was “ATM to her” and then she got money on the pretext of taking care of him.
He claimed that she initially demanded between ₹20,000- ₹40,000, raised it to ₹80,000 and continued to ask for more money. Due to this, the family sought the custody of the child through the Supreme Court since they believe the child would be safer with them.
Subhash’s brother Bikas Kumar said the police has supported his family and they have fulfilled their requirements and are carrying out the probe. When asked about the child’s whereabouts, he said they don’t know about the same but are awaiting a January 7 hearing in the Supreme Court.
Previously, he alleged that his brother was taunted in the court during the proceedings that he had to either give ₹3 crore or commit suicide.
Atul Subhash left behind an almost 90-minute long video and a 24-page death note detailing how harassment by his wife and her family drove him to take the extreme step.
Nikita Singhania, her mother Nisha Singhania, and her brother Anurag Singhania were arrested and sent to 14-day judicial custody in connection with the case. Nikita, on the other hand, alleged that Atul Subhash demanded dowry from her family, which led to her father’s death.
The police registered an FIR against the accused under Sections 108, 3 (5) of the Bharatiya Nyay Sanhita (BNS) on December 9.
