The severity of allegations, location of the incident, and ongoing investigation are crucial factors in determining the grant of anticipatory bail for offences related to dowry harassment and abetment to suicide.

JUDGMENT

K.Natarajan, J. - Petitioners in Crl.P.No.3077/2020 are accused Nos.4 and 5 and the petitioners in Crl.P.No.3081/2020 are accused Nos.2 and 3 have filed the petitions under Section 438 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') for granting anticipatory bail in Crime No.63/2020 registered by the Mulbagal Town Police Station for the offences punishable under Sections 498-A, 304-B, 506 read with Section 34 of Indian Penal Code (for short 'IPC') and Sections 3 and 4 of Dowry Prohibition Act,1961 (for short 'D.P. Act').

2. Heard the arguments of learned counsel for the petitioners and learned High Court Government Pleader for the respondent State.

3. The case of the prosecution is that on the complaint of Nayazulla Khan-the father of the deceased, the Mulbagal town Police registered the case against the petitioners. It is alleged that the daughter of the complainant Thasmiya Kanam (hereinafter referred to as deceased) married with accused No.1-Suheab Alias Rabbani on 10.06.2019. At the time of marriage, he gave Rs.10,00,000/- as cash and 250 grams gold. After the marriage, his daughter resided in the house of the petitioners. These petitioners are said to have harassed his daughter for bringing additional dowry. His daughter came to his house for Ramzan festival and when she contacted accused No.1-her husband to come back to matrimonial house, at that time, accused No.1 told her not to come back without bringing additional dowry. Due to which, his daughter committed suicide in his house on 07.06.2020. After registering the case, the Police arrested accused No.1 and he was remanded to the Judicial Custody. The Police are making hectic effort to arrest these petitioners for having committed non-bailable offences. Hence, they approached the Sessions Judge, Kolar for granting anticipatory bail which came to be rejected. Hence, they are before this Court.

4. Learned counsel appearing for the petitioners has contended that a false case has been registered against these petitioners. They have been falsely implicated with accused No.1. There is no specific allegation against these petitioners in order to show that they have demanded dowry and harassed the deceased. The deceased committed suicide in her parents' house. The main accused-the husband of the deceased has been granted bail by the Co-ordinate bench of this Court on 02.09.2020 in Crl.P.No.3541/2020. The allegation made against these petitioners are similar to that of the accused No.1 who has been granted bail. Hence, on the ground of parity, these petitioners are entitled for bail. They are ready to abide by any conditions imposed by this Court. Hence, prayed for granting bail.

5. Learned High Court Government Pleader seriously objected the bail petition and contended that these petitioners are required for custodial interrogation. Co7 accused has been granted bail under Section 439 of Cr.P.C. Hence, prayed for dismissing the bail petition.

6. Upon hearing the arguments and on perusal of the records, it goes to show that the deceased married accused No.1-Suheab Alias Rabbani on 10.06.2019 and she was resided along with these petitioners and accused No.1 in the matrimonial home. Subsequently, she went to her parents' house for Ramzan festival. But, committed suicide in her parents' house on 07.06.2020. The allegation made in the complaint is that, at the time of marriage, the complainant gave Rs.10,00,000/- cash and 250 grams gold and spent Rs.2,00,000/- for clothes. Subsequently, the petitioners used to harass his daughter and prior to the incident, his daughter contacted accused No.1-her husband to go back to her matrimonial home. For that accused No.1 is said to have told that she should bring additional dowry, otherwise, she should not come back. This allegation goes against accused No.1-her husband who was already granted bail by the Co-ordinate Bench of this Court in Crl.P.No.3541/2020 dated 02.09.2020. The allegation made against these petitioners are