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

regular bail of the petitioner/accused in Crime No.404/2021 of

Byadarahalli Police Station for the offences punishable under

Section 306 read with Section 34 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 this petitioner is the father of two daughters and one son,

who have committed the suicide along with their mother i.e.,

wife of this petitioner and also a grand son of this petitioner.

The Police have registered a case, investigated the matter and

filed the charge-sheet and also collected the death note, laptop

and pen-drive, wherein an accusation is made against this

petitioner that this petitioner subjected all the family members

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for harassment and even instigated his two son-in-laws to

trouble his two daughters and also threatening his two daughters

to go and join with their respective husband or otherwise he was

going to slap them on the street with Chappal and instigated all

of them to commit the suicide.

4.

The learned counsel appearing for the petitioner

would vehemently contend that this petitioner was provided all

comforts to his wife and children and some differences were

there in the house between this petitioner and wife and children.

This petitioner has not committed any offence invoking Section

306 of IPC. No ingredient of an offence under Section 306 of IPC

is collected by the Investigating Officer and he is in custody from

the last 15 months. Whether this petitioner instigated the family

members to take an extreme step of committing the suicide or

not has to be tested in a trial. The learned counsel would submit

that when the investigation has been completed and the charge-

sheet is also filed, no need of custodial trial. Hence, he may be

enlarged on bail.

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5.

Per contra, the learned High Court Government

Pleader appearing for the State would submit that not only the

wife has committed the suicide and his two daughters and son

and also a grand son, in all five deaths are taken place at the

instigation of this petitioner since this petitioner subjected all the

family members for harassment and instigating them to end

their life, as a result, they took the extreme step of committing

suicide. The learned High Court Government Pleader also would

submit that the death note left by three persons, who are the

family members i.e., two daughters and a son, are also seized,

the same is sent to FSL. The learned High Court Government

Pleader also would submit that laptop and pen-drive were also

seized with regard to the character of this petitioner and the

report is also awaited from FSL. Hence, at this stage, the

petitioner cannot be enlarged on bail.

6.

Having heard the respective counsel and also on

perusal of the material available on record, in the FIR, the

specific allegations are made against this petitioner that the

death is consistent with hanging and the same is committed by

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the family members i.e., wife, two daughters and a son and also

a grand son in the house of this petitioner. It is also borne out

from the records that this petitioner did not visit the house and

the bodies were recovered after the respective bodies are

decomposed and all the deaths are taken place in the house of

this petitioner. Apart from that, two daughters, who are residing

with this petitioner and they were not residing with their

respective husband. The allegation against this petitioner is that

this petitioner was scolding the two daughters to go and join

with their husband or otherwise he is going to slap them with

chappal in the street that is the accusation made in the charge-

sheet. Apart from that, two daughters and son have left their

death note, the same were seized and sent to the FSL and the

genuineness of the death notes are to be verified and the laptop

and pen-drive are