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

regular bail of the petitioner/accused No.1 in Crime No.148/2021

of Nangli Police Station, Kolar, for the offence punishable under

Sections 304-B, 306 and 498-A read with Section149 of IPC and

Sections 3 and 4 of Dowry Prohibition Act, 1961.

2.

Heard the learned counsel 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 first informant had lodged the written complaint stating

that she is an Asha Worker having 3 children namely, the victim

and other two children. The daughter Chaitra9s marriage was

performed on 02.05.2018 with this petitioner in a temple at

Venkataravanaswamy Temple, Chintamani Taluk, Alambagiri and

at the time of marriage, they have given gold ornaments and

also cash of Rs.1 lakh as dowry. After one month of the

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marriage, the accused persons have started to ill-treat her and

started demanding additional dowry and the said fact was

brought to the notice of the panchayathdars and inspite of

panchayath being convened, continued the harassment. It is

also an allegation that, accused No.4-Harshitha, who is also

residing along with the victim was ill-treating her and not

providing food and also informed that, one they tried to kill her

by leaking gas. The daughter being frustrated with the ill-

treatment of the accused, came to her parental house along with

her son. Since then, neither this petitioner nor his family

members came to see her. That on 04.12.2021, when her son

went to college and her husband was also not in the house and

had been to attend coolie work, her daughter Chaitra has

recorded the ill-treatment meted out in her mobile and

forwarded the same to the mobile of Manu and other sister-

Amulya and when immediately, the brother returned to the

house, noticed the dead body of his sister and child in a water

sump and thereafter, attended the formalities. In the complaint,

specific allegations are made against this petitioner and other

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family members and hence, the police have registered the case,

investigated the matter and filed the charge-sheet.

4.

Learned counsel for the petitioner would vehemently

contend that the victim left the house three months prior to the

alleged incident and she was residing along with her parents.

The victim jumped into the water sump along with child, who is

aged about 2½ years and there is no proximity to cause of death

and taking the extreme step of committing suicide. Hence, the

question of invoking Section 306 of IPC does not arise. The

counsel also would submit that, even assuming that she was

subjected to harassment, at the most, it attracts the offence

under Section 498-A of IPC and not the offence under Sections

304-B and 306 of IPC. Hence, the petitioner is entitled for bail.

The counsel also would submit that this petitioner is in custody

from 04.12.2021 and when the investigation has been completed

and charge-sheet is filed and the offences are also not

punishable with death or imprisonment for life, he may be

enlarged on bail.

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5.

Per contra, learned High Court Government Pleader

for the respondent-State would submit that the victim, before

committing suicide has left the death note and the same is also

sent to FSL. He would also submit that the victim has recorded

in the mobile the manner in which she was subjected to

harassment and the same is also sent to her brother before

committing suicide. He would further submit that though the

victim committed suicide in her parental house, she has

categorically mentioned in the death note regarding the

harassment meted out to her, when she was in the matrimonial

house. He would also submit that death has taken place within

3½ years of the marriage and there is a presumption under the

Evidence Act and apart from that, there are two deaths i.e., the

victim and also the child aged about 2½ years and the same has

to be taken note an