Granting anticipatory bail based on the facts and circumstances of the case and without expressing any opinion on the merits of the case.

JUDGMENT

1. This petition is filed by the petitioners-accused Nos.1, 2 and 5 under Sec. 438 of Cr.P.C. for granting anticipatory bail in Crime No.148/2022 registered by the Thalaghattapura Police Station for the offences punishable under Sec. 306 of IPC.

2. Heard the arguments of learned counsel for the petitioners, learned High Court Government Pleader for the respondent-State and learned counsel Dr.Prajwal K. Aradhya, who assisted the learned High Court Government Pleader.

3. The case of the prosecution is that on the complaint lodged by one Poornima alleging that she got married to Girish on 20/6/2002 and was having a son by name Arya Rajath, aged about 19 years. Her husband was having two wine stores and a Bar. The accused persons were the mother, brothers and sisters of her husband. Accused No.1-mahesh, who is the brother of her husband was looking after the wine store situated in Akshyanagar and later on accused No.1 demanded to give the wine store to himself which was refused by her husband. Her son, who was studying in PUC was interested in taking the wine store business and in that regard he used to visit his Uncle's wine store and used to help his uncle. Subsequently, there was a dispute between the family members of her husband in respect of property and accused No.1-Mahesh was not allowing her son to come to his wine store. After that incident, her son committed suicide on 6/12/2021 and thereafter the family members of her husband started harassing him mentally and physically to handover his all properties to them. This made him to commit suicide on 12/2/2022 in the house of her mother-in-law (Karthyanyini, A-10). This made her to file complaint against the accused persons. The police have registered a case against the accused persons.

4. During the pendency of this petition, accused Nos.6 and 7 i.e., petitioners-4 and 5 herein were arrested on 25/7/2022 and remaining three accused are before this Court seeking grant of anticipatory bail.

5. Learned counsel for the petitioner contended that on 6/12/2021, son of the complainant committed suicide and her husband also committed suicide on 12/2/2022. She has not filed any complaint against the family members-accused persons but she has filed a civil suit against them for partition and a writ petition has been filed before this Court which was referred to Mediation Centre for settlement and the mediation was also failed. He further submits that in order to harass the family members of her husband she has falsely implicated them by filing a complaint. Some of the accused persons are already arrested and some of the accused persons are on bail. Hence, prayed for release of the petitioners on anticipatory bail.

6. Per contra, learned High Court Government Pleader seriously objected for grant of anticipatory bail to the accused persons as they are required for custodial interrogation. The investigation is still in progress as there is a suicide death note left by the husband of the complainant. Hence, prayed for dismissal of the petition.

7. Learned counsel who assisted learned HCGP also submits that there was a death note left by the deceased which was sent to FSL and the report is still awaited. The accused persons are required for custodial interrogation. Hence, sought for rejection of the petition.

8. Having heard the arguments of learned counsel for the parties and perusal of the records, admittedly, the complainant is none other than the daughter-in-law of accused No.10 and the mother of accused Nos.1 and 2. In the criminal case, it is stated that, son of the informant committed suicide on 6/12/2021 but no complaint has been lodged against any of the family members. Subsequently, her husband also committed suicide in the house of accused No.10-mother of the deceased. In this regard, UDR was registered by the police and the same came to be closed as there is no suspicion against any persons. Subsequently, it appears that a civil suit was filed by the complainant in O.S.