ORDER :

This petition has been filed by the petitioners/accused Nos.1 to 7 challenging the order passed by the Court of the XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH-46) in S.C. No.1034/2014 dated 26.09.2018 where under the application filed under Section 227 of Cr.P.C. came to be dismissed.

2. I have heard the learned counsel for petitioners/accused and the learned High Court Government Pleader for respondent – State.

3. Though this case is listed for admission, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal.

4. The factual matrix of the case is that the marriage of the deceased was got performed with petitioner No.1 on 30.11.2011. At that time, cash of Rs.2,00,000/- and other gold ornaments were given. It is further alleged that whatever the amount and gold which has been given was not sufficient in that context subsequently, in the matrimonial home the ill-treatment and harassment was continued and the same was used to be informed by the deceased to her parents and her sister and they have also advised the deceased in this behalf. Further again, it is informed that there is demand for more dowry by the accused persons. When the said harassment was continued frequently, the complainant gave Rs.60,000/- to the first accused and subsequently, she became pregnant and delivered twin two female children. For that also, the harassment continued for having given birth to female children and again, they demanded a sum of Rs.1,30,000/- towards medical expenses, which he had spent on the delivery of the deceased. As accused No.1 was in the habit of IPL betting, he lost Rs.7,00,000/- and started to insist the deceased to get money from her parental house. It is further alleged that on the intervening night of 03.01.2014 at about 8.40 p.m., accused No.1 called the complainant and told that it is not possible for him to manage with his sister in respect of matrimonial dispute and requested the complainant to come and solve the issue by advising his sister. In turn, the wife of the complainant called the deceased and advised that there will be small issues in between the husband and wife and told her to settle. At that time, she told that her husband is using vulgur words and told her that she herself would deal with the situation. On 04.01.2013, the complainant received a call from his Aunt that the deceased has committed suicide along with her two children. Immediately, they went and informed the same to the police. On the basis of the complaint, a case has been registered and after investigation, the charge sheet has been filed.

5. The committal Court has committed the case. Thereafter, the Sessions Court took cognizance. At the time of hearing before the charge, an application came to be filed under Section 227 of Cr.P.C. for discharge of the accused. The same was seriously objected by the prosecutor by filing his detailed objections. After hearing the both the counsel, the application came to be dismissed. Challenging the same, the petitioners/accused are before this Court.

6. The main grounds urged by the learned counsel for the petitioners/accused are that there is no material to attract the provisions of Section 304B of IPC. In order to attract the provision of Section 304B of IPC, soon before the death, there must be ill-treatment and harassment caused to the deceased for demand of dowry. It is her further submission that the statement of the witnesses recorded during the course of investigation indicates that no such demand of dowry and harassment was there soon before the death. It is her further submission that on the intervening night of the alleged incident, the matter was reiterated to the brother of the deceased and has informed that it is not possible for the accused to manage with his sister in respect of matrimonial dispute and the same has been advised by consoling that in between the husband and wife, small issues will be there. That itself