ORDER

Accused No.1 in Crime No.88/2023 registered by the Kallambella Police Station, Tumakuru, for the offences punishable under Sections 120B, 302, 201 r/w 34 of IPC is before this Court under Section 439 of Cr.P.C.

2. Heard learned counsel for the parties.

3. On the basis of the complaint dated 13.05.2023 lodged by Hulugabhovi, FIR in Crime No.88/2023 was registered by Kallambella Police Station, Tumakuru, for the offence punishable under Sections 149 and 306 of IPC against Puttaiah and five others. In the complaint dated 13.05.2023, the complainant had averred that his son Manjunatha was married to Sowbhagya, who is the daughter of Puttaiah. The marriage between Manjunatha and Sowbhagya had failed and therefore, she had filed a petition claiming maintenance before the jurisdictional Court. When the case was pending, Puttaiah and his son had assaulted Manjunatha and a case in Crime No.187/2022 was registered against them. Since, Manjunatha had not paid the maintenance awarded by the jurisdictional Court he was remanded to custody for the period from 06.04.2023 to 06.05.2023 and thereafter, subsequently, he was released.

4. The complainant allegedly had thereafter approached Puttaiah and his family members for settlement of the dispute between Manjunatha and Sowbhagya. At the time, Puttaiah and others had allegedly abused and assaulted Manjunatha. On 12.05.2023, Manjunatha had left the house at about 09.00 A.M. and he had not returned, his mobile phone was found switched of. Thereafter, on the next day at about 6.00 A.M., complainant found the dead body of his son near his property in a drainage. On verification, complainant found that his son had died and near his body he also found an empty poison bottle. It is in this background he had approached the police and lodged the complaint against Puttaiah and his family members and FIR in Crime No.88/2023 was therefore registered by Kallambella Police Station initially against Puttaiah and his family members for offences punishable under Sections 149 and 306 of IPC. During the course of investigation in the said case, Sowbhagya wife of Manjunatha, who was arrayed as accused No.3 in the FIR in Crime No.88/2023 had appeared before the police on 06.06.2023 and stated that she suspected the hands of the petitioner herein and others in the death of her husband. The police therefore had summoned the petitioner herein on 10.06.2023 and based on his confession statement, petitioner and two others were arrayed as accused Nos.1 to 3 in Crime No.88/2023. The petitioner was arrested on 12.06.2023 and produced before the jurisdictional Court and remand to the judicial custody. Bail application filed by him before the I Additional District and Sessions Judge, Tumakuru in C.Misc.No.1414/2023 was rejected on 03.10.2023.

Therefore, he is before this Court.

5. Learned counsel for the petitioner submits that only on the basis of the alleged confession statement, petitioner and two others have been arrayed as accused in the present case. The death note of deceased Manjunatha would go to show that the persons named in the FIR were the cause for his death. Investigation in this case is complete and chargesheet has been filed. He submits that accused No.3 has been granted Anticipatory Bail by this Court in Crl.P.No.7759/2023, and accordingly prays to allow the petition.

6. Per contra, learned HCGP has proposed the bail application.

7. The dead body of deceased Manjunatha was found by the complainant near his property on 13.05.2023 and besides the dead body, he also found a death note written by deceased. Based on the said death note, a complaint was lodged which had resulted in registering in Crime No.88/2023 against the father-in-law of deceased Manjunatha and his family members. Sowbhagya, who is the wife of Manjunatha is arrayed as accused No.3 in FIR. Subsequently, on the basis of statement of Sowbhagya, the police allegedly had summoned the petitioner herein, who allegedly has confessed to the crime an