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

regular bail of the petitioner/accused in Crime No.544/2021 of

Madanayakanahally Police Station, Nelamangala Sub-Division,

Bengaluru District, for the offence punishable under Sections

498-A and 306 of IPC.

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 is that the marriage of

the victim was performed along with this petitioner five years

back. That on 13.11.2021, the petitioner along with the

deceased visited the parental house of the deceased to see her

children, who were staying there. That on 14.11.2021, the

victim, her husband as well as the child went to the house of his

sister. At that time, the child was suffering from ill-health and

the deceased requested the petitioner to send them back to

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parental house as the medicines were left in the parental house

for which he quarreled with the deceased and did not bring back

the wife and children and dropped them to the parental house.

On the next day at 11.00 a.m., the petitioner had called his wife,

abused her and abetted to commit suicide. On the same day,

when the complainant had been to work, the victim has

committed suicide by hanging herself.

4.

Based on the complaint, the police have registered

the case and filed the charge-sheet for the offence punishable

under Section 498-A and 306 of IPC.

5.

Learned counsel appearing for the petitioner would

vehemently contend that suicide was committed in the parental

house of the victim and she did not return to marital home after

she gave birth to a child. This petitioner had lodged a complaint

against his wife before Dabaspet police station regarding theft of

Rs.10 lakhs from his home which is registered in NCR

No.639/2020. Learned counsel for the petitioner would submit

that the material on record does not constitute an offence under

Section 306 of IPC and there is no proximity to cause of death

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and suicide committed. This petitioner is in custody from last

two months i.e., 26.11.2021. When the investigation is

completed and charge-sheet is filed, there is no need of

continuing him in custody.

6.

Per contra, learned High Court Government Pleader

appearing for the respondent-State would submit that the

allegation in the complaint is very specific that this petitioner

had called the victim on the very same day at 11.00 a.m.,

abused her and abetted her to commit suicide and on the same

day, within a period of 3 to 4 hours, she took the extreme step

of committing suicide. Hence, there is proximity to cause of

death and there is a prima facie case against the petitioner.

7.

Having heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

respondent-State, the prosecution mainly relies upon phone call

made by this petitioner that he called the victim, abused her and

abetted to commit suicide. But, in order to prove the factum of

allegation that he had called on the same day at 11.00 a.m., no

CDR details are placed before the Court along with the charge-

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sheet. Whether the petitioner had called the victim, abused her

and abetted her to commit suicide is a matter of trial. The

investigation has been completed and charge-sheet is filed.

Hence, it is a fit case to exercise the powers under Section 439

of Cr.P.C., 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

shall

be

released

on

bail

in

Crime

No.544/2021 of Madanayakanahally Police Station, Nelamangala

Sub-Division, Bengaluru District, for the offence punishable

under Sections 498-A and 306 of IPC, subject to the following

conditions:

(i)

The petitioner shall execute personal bond for

a sum of Rs.2,00,000/- (Rupees Two Lakhs

only) with two sureties for the like-sum to the

satisfaction of the jurisdictional