ORDER

1. Heard Sri Ravishankar, A for Sri Guruprasad Patil, learned counsel for the petitioners and learned High Court Government Pleader.

2. This petition is filed under Section 438 of Cr.P.C., for the following prayer “For the foregoing reasons, the Petitioners pray that the Hon’ble Court be pleased to grant Anticipatory Bail to the Petitioners in Crime No. 0024/2023 registered by the Thirumalashettahalli Police Station, Thirumalashettahalli Circle, Bengaluru Rural District, Bengaluru, under Sections 3, 4 of Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 and Sections 34, 306, 420, 504, and 506 of the Indian Penal Code, 1860, pending on the file of Additional Civil Judge (Jr.Dn) & JMFC Court, Hosakote, Bengaluru Rural District, Bengaluru and grant such other reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the end of equity and Justice”.

3. Brief facts of the case are as under:

A complaint came to be lodged with Thirumalashettihalli police on 10.02.2023 by Shivaraj, S/o Chikka Puttappa, which is registered in Cr.No.24/2023 for the offences punishable under Section 306, 420, 504, 506 r/w Section 34 of IPC.

4. Gist of the complaint averments reveal that in respect of land bearing Sy.No.358/1, measuring 16 guntas of Amanikere village, was mortgaged and a sum of Rs.10,00,000/- was received in order to meet the financial necessity of the complainant. There was a stipulation of 10% interest. It is contended that even though sum of Rs.10,00,000/- is repaid, the documents were not returned to the complainant and a document was created as sale agreement. This was brought to the notice of the complainant party and therefore, unable to pay with the harassment and the demand of additional money, wife of the complainant Smt.Shobha tried to commit the suicide by consuming poison. She was admitted to Srinivasa Hospital and despite best treatment, Shobha lost her life. Therefore, complainant lodged the complaint against the petitioners and others.

5. After registering the case, police are investigating the matter. In the meantime, the petitioners approached the District Court for grant of bail and it was rejected by the learned District Judge vide order dated 23.02.2023.

Thereafter, petitioners are before this Court.

6. Petitioners are accused No.1, 3 and 4 in the incident. Since the third accused was arrested, present petition is now restricted to accused No.1 and 4.

7. Reiterating the grounds urged in the petition, learned Counsel for the petitioners contended that petitioners have no role whatsoever in the alleged incident and they are prepared to cooperate with the Investigating Agency and sought for grant of anticipatory bail.

8. Per contra, learned High Court Government Pleader reiterating the grounds urged the objection statement opposes the bail.

9. Perused the material on record in view of the rival contentions of the parties. On such perusal of the material on record, it is seen that a sum of Rs.10,00,000/- was barrowed by mortgaging the landed property in Sy.No.358/1 of Amanikere village.

10. However, according to the complainant the said amount is repaid with 10% interest per annum. But, despite the same, the documents were not returned and they came to know that the petitioners and others have colluded and created documents as it is agreement to sell and therefore, being frustrated with the activities of the accused/petitioners, wife of the complainant tried to commit suicide by consuming poison and ultimately lost her life.

11. Whether at all the petitioners are responsible for the suicidal death of wife of the complainant and the act attributable to the petitioners can be treated as an abatement as is defined under Section 109 of IPC or not cannot be decided by this Court at this stage by holding a mini trial.

12. Admittedly, the petitioners are not available to the Investigating Agency from the date of registration of the case and therefore, investigation has also crippled to