This petition is filed under section 439 of the Code of

Criminal Procedure, 1973, seeking to enlarge the petitioner,

who is arraigned as accused No.1, on bail in Crime

No.153/2021, registered in Adur Police Station, which is

pending on the file of I Addl. District and Sessions Judge,

Haveri, for the offences punishable under Sections 498-A,

304-B read with Section 34 of Indian Penal Code (for short

‘IPC’) and Sections 3 and 4 of Dowry Prohibition Act, 1961

(for short ‘D.P.Act’).

2.

Heard Sri Vidyashankar G Dalwai, learned counsel

for the petitioner and Smt Girija Hiremath, learned HCGP for

the respondent-State.

3.

It is alleged that the first informant by name

Jakanachari S/o Shankrappa Doddabadiger, R/o Tilavalli, who

is the father of deceased stated that the marriage of his

daughter by name Savitri was performed with the petitioner

on 11.11.2019. The other accused arrayed in this case are

the parents and brothers of accused No.1. It is alleged that

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for some months they lived happily. Thereafter, accused

Nos.1 to 4 started harassing the deceased and insisting her

to bring more dowry. In spite of advice by the elders, they

did not stop harassment. In this regard, on 5.5.2021 the

complainant sent Rs.10,000/- to the account of accused

No.1. Then the accused kept quite for sometime. But

thereafter accused No.1 asked the deceased to bring her

share in her father’s property and also gold and cash. Three

months prior to this incident, the informant-Jakanachari

brought his daughter to his house. In between once, the

petitioner came to his house and asked informant to give

share to petitioner-wife then only petitioner will take her back

his wife. Due to this, the deceased was very much upset. It is

further alleged that on 17.9.2021, the deceased went to take

bath at about 8.45 a.m and then she went to the bedroom.

But she did not come out even after long time. The inmate of

house called her to open the door but, there is no response.

Then the informant, his wife and his son break open the lock

of the door and found that the deceased hanged herself with

a veil to a ceiling fan in the said room. They found that she is

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dead. In this regard, deceased father lodged a complaint with

the Sub-Inspector of Adur.

4.

Learned counsel for the petitioner argued that the

petitioner is falsely implicated by the police. On the other

hand, the deceased and the petitioner were residing together

at Hubli and due to Covid-19, the deceased herself went to

her parents house and resided in the parents house as the

petitioner was working in a private company. Petitioner lost

his job due to Covid-19 lockdown. Learned counsel further

argued that on the same allegation, accused Nos.2 to 4 were

already granted anticipatory bail by this Court vide order

dated 15.12.2021 in criminal petition No.102203/2021.

Learned counsel further argued that admittedly, the deceased

died in her parents’ house. There is material to show that she

was residing separately from petitioner No.1 for more than 3

months prior to her death. There is no evidence or records

placed by the prosecution that soon before death, she was

subjected to harassment or cruelty, which should have driven

her to commit the suicide. The ingredients of Section 304B

and 306 of IPC are not attracted. The other offences under

Sections 3 and 4 of D.P Act. Learned counsel further argued

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that the petitioner is in judicial custody from 17.9.2021 and

as the investigation is already completed, he is no more

required for interrogation or investigation. The petitioner is

working as a medical representative in a private firm.

Petitioner is ready to abide by conditions that would be

imposed by this Court and also ready to furnish surety to the

satisfaction of this Court. Hence, he prays to enlarge him on

bail.

5.

Against this, learned HCGP argued that the

offences alleged against the accused are heinous one. The

role of the accused No.1 in abusing and harassing the

deceased is evident from the statement of witnes