This petition is filed under Section 439 of Cr.P.C., seeking

regular bail of the petitioner/accused No.1 in respect of Crime

No.63/2022 registered by Jeevan Bheemanagar Police Station,

Bengaluru City, for an offence punishable under Section 306 of

IPC.

2.

Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent-State.

3.

The factual matrix of the case of the prosecution is

that the complainant, who is the mother of the victim. In the

complaint, it is stated that she has performed the marriage of

her daughter eight years ago and the son-in-law passed away

due to jaundice and her daughter was working in Beauty Parlour

at Indiranagar. Then, she came in contact with this petitioner

and both of them loved each other and marriage was performed

on 14.02.2022. It is also alleged in the complaint that he used

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to consume alcohol and subjecting her for both mental and

physical harassment and also suspecting her fidelity and making

comment on her second marriage. That on 26.03.2022, the

victim went to her elder sister9s house, wherein also, she has

reiterated with regard to subjecting her for both mental and

physical harassment. She consoled her. On the same day at

8:30 p.m, she called her mother and also complained about the

act of her husband and threatening her to go and die, she also

consoled her. In the night at around 3 a.m, the police have

informed that she has committed suicide. Based on the

complaint, the police have registered a case, investigated the

matter and filed the charge-sheet.

4.

The learned counsel appearing for the petitioner

would submit that no such harassment meted out to the victim

and this is the second marriage of the victim with the petitioner

and this petitioner never indulged in any such act as alleged in

the complaint and there is no proximity to cause of death i.e.,

abating to take the extreme step of committing suicide. The

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Police have already investigated the matter and filed the charge-

sheet.

5.

Per contra, the learned High Court Government

Pleader appearing for the State would submit that the marriage

was solemnized in the month of February, the death was taken

place in the month of March and also the specific allegations are

made subjecting her for humiliation and hence, she took

extreme step of committing suicide. Hence, there is a prima

facie case against the petitioner herein.

6.

Having heard the respective counsel appearing for

the parties and also on perusal of the material available on

record, only the contents of the complaint is that this petitioner

used to subjected her for both mental and physical harassment,

no specific date of assault is mentioned in the complaint. Apart

from that, with regard to she went and discloses the same with

the elder sister and also on the same day night she had called

and informed the mother. In order to substantiate whether she

has called on that day and informed the same to the mother, no

material had been collected by the Investigating Officer during

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the course of investigation. While invoking Section 306 of IPC,

there must be proximity to cause of death. No doubt, an

allegation is made that she took the extreme step of committing

suicide and only found ligature marks, no other injuries are

found on the dead body with regard to subjecting her for

physical assault. Since the petitioner is in custody from March

2022, no need of custodial trial. Hence, it is a fit case to

exercise the powers under Section 439 of Corp., subject to

imposing certain conditions to protect and safeguard the interest

of the prosecution. Hence, I pass the following:-

ORDER

The

Petition

is

allowed.

Consequently,

the

petitioner/accused No.1 shall be released on bail in Crime

No.63/2022 registered by Jeevan Bheemanagar Police Station,

Bengaluru City, for an offence punishable under Section 306 of

IPC, subject to the following conditions:-

(i)

The petitioner shall execute personal bond for

a sum of Rs.