ORDER

This petition is filed under Section 438 of Cr.P.C. by the petitioner seeking bail in Crime No.42/2023 of Tilak Nagar Police, Bengaluru, for the offence punishable under Section 306 read with Section 34 of IPC.

2. Heard the arguments of learned counsel for the petitioners and learned HCGP and perused the records.

3. The allegation against the accused Nos.1 to 4 mentioned in the FIR is that the deceased Wasim Akram had fell in love with one Sabahat about five years prior to 25.02.2023. It is alleged that about one and half months prior to the said incident, there was panchayat convened between the family members of the deceased and also the girl Sabahat. In the said panchayat the deceased Wasim Akram was advised about his activity and he should be away from Sabahat as her marriage has been fixed. In this background, it is alleged that the accused Nos.1 to 4 have abetted the deceased Wasim Akram to commit suicide, consequent upon such abetment, the deceased has committed suicide on 25.02.2023.

4. Sri. Vishnumurthy, learned counsel for the petitioner has contended that this Court has already considered the matter in connection with accused Nos.1 to 4 in Criminal Petition No.3569/2023 by order dated 25.04.2023 by granting bail to them. The petitioner's name is not mentioned in the FIR, there are no allegations against him in the complaint. On 10.04.2023, Police have issued notice to the petitioner under Section 41 Cr.P.C. The petitioner apprehends his arrest if he is appears before the Investigating Officer.

5. Learned HCGP has vehemently opposed the bail application on the ground that mere issuing of notice is not an apprehension of arrest. The role of the petitioner has to be investigated only on his appearance before the Investigating officer.

6. Having heard the arguments of both sides, I have carefully perused the allegations made in the FIR and also order passed by the Sessions Court in rejecting the bail to this petitioner in Crl.Misc.No.3139/2023. 7. There is no dispute as to the deceased Wasim Akram has committed suicide on 25.02.2023. One month prior to it, there was a panchayat between the family members of the girl and the family members of deceased. The deceased was advised to keep away from the company of the girl, whose marriage has been settled with another boy and he should not be a hindrance for her marriage. The marriage of Sabahat is fixed on 14.05.2023. The deceased Wasim Akram was a married person having two children. It is quite natural that if he falls in love with neighbour girl, the relatives of the girl certainly advise him that he being a married person to keep away from the girl whose marriage has been fixed. In this background, the death of Wasim Akram came to be reported one month later. The name of the petitioner is not mentioned in the FIR or there are no allegations made in the complaint against him. Since this court has already granted bail to accused Nso.1 to 4, on parity, the petitioner is also entitled for bail. Under the circumstances, I do not find any reason to refuse exercise discretion for grant of bail to the petitioner. The petitioner has undertaken to obey any condition which may be imposed on him by this Court. Hence, the apprehension of the prosecution could be suitably met out by imposing proper conditions. Hence, the petition deserves to be allowed.

8. In the result, the following;

ORDER

(i) The Petition is allowed.

(ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.42/2023 registered by the Thilaknagar Police Station, Bengaluru City, for the offence punishable under Section 306 read with Section 34 of IPC, on execution of a personal bond for a sum of Rs.1,00,000/- (Rupees One lakhs only) with one like bond to the satisfaction of the concerned Investigating Officer.

(iii) The petitioner shall appear before the Investigating Officer within fifteen days from the date of receipt of certified copy of this order and assist for the investigation;

(i