Petitioner herein is charge sheeted in respect of the offence punishable under Section 306 of IPC. She is the wife of deceased Praveen K, who committed a suicide on 14.06.2014 in the morning hours, in his flat by hanging himself.

2. The case of the prosecution is, the petitioner and the deceased after a courtship, married in the year 2006 and were residing in a flat at ISRO layout, Bengaluru. The deceased purchased another apartment at ISRO layout during January, 2013 and started residing therein. The parents of the petitioner started living with her which was not to the liking of the deceased. The petitioner threatened him of throwing out of the matrimonial home and to initiate a criminal case against him on the allegation of dowry harassment. She accorded him that he is useless, even if he alive or dead. She necked him out of the matrimonial house on 23.12.2013. On 03.06.2014, the deceased went to the house of the petitioner to meet his girl child, but she did not allow him to meet the child, instead she insulted him to go and die elsewhere. Thereafter, she lodged a complaint against him on 04.06.2014 before the local police station which came to be registered in NCR No. 150/2014. In this regard, they recorded the statement of the deceased. That apart, the petitioner filed a divorce petition before the Family Court. In the early hours of 14.06.2014, the deceased hanged himself in his bedroom and left a death note in his laptop accusing the petitioner and her family members of atrocious behaviour.

3. Sri. Aruna Shyam M, learned counsel for the petitioner submits that actually it was the petitioner, who was harassed by the deceased. She was treated in the hospital for the injuries suffered by her by the assault caused by the deceased. However, she did not choose to file a complaint against him, hoping that things may improve. But he did not correct himself, perpetuated harassment on his wife, that necessitated her to lodge a complaint before the Police, where he undertook not to continue harassment on his wife and family members anymore and also admitted that he is not harassed by his wife and her family members. After suffering enough at the hands of the deceased, finally, the petitioner filed a divorce petition before the Family Court on the ground of cruelty. Notice was issued and service was awaited in the MC case. As on the date of the incident, he was residing with his parents. The laptop in which the deceased left so called death note is not seized during spot mahazar by the I.O. Father of the deceased produced two laptops and one mobile on 17.06.2014 i.e. 3 days from the incident. As per the statement of the witnesses, password of the laptop was broke open by hacking with the assistance of a private technician. She along with her daughter filed a petition under Section 372 of Indian Succession Act, for succession certificate. Petition is contested by her parents-in-law. Her father-in-law filed a civil suit seeking declaration and possession of property belonging to the petitioner and her deceased husband. Death note on which reliance is placed by the prosecution is suspicious and doubtful. As per FSL report, after the death of her husband on 14.06.2014, laptop is used by somebody before it was seized by police and certain pendrives and software were inserted in between time. The contents of the death note fail to constitute the ingredients of Section 306 of IPC. There is no worth believing incriminating evidence against her on record. Under such circumstances, the charge sheet is liable to be quashed.

4. In reply, Sri. M.P. Srikanth, learned counsel for respondent No.2 submits that the accused-wife by her willful conduct created an atmosphere which drove the deceased to commit a suicide. Genuineness of the death note left behind by the deceased in his laptop cannot be doubted. It is only the trial Court which has to return its finding about admissibility or otherwise of the death note. The constitutional bench of t