1. This petition is filed under S.439 of Cr.P.C. praying to enlarge the petitioner on regular bail in Crime No.47/2023 registered at Marathahalli Police Station, Bengaluru.

2. The learned counsel appearing for the defacto complainant has filed I.A.No.1/2023 to assist the prosecution. The same is allowed.

3. I have heard the learned Senior counsel appearing for petitioner, learned High Court Government Pleader for the State and learned counsel appearing for the complainant.

4. Crime No.47/2023 of Marathahalli Police Station is registered against the petitioner and his parents for the offence punishable under S.498A, S.306 r/w 34 of IPC, on a complaint lodged by the father of deceased - Smt Piyali Mukherjee, wife of the petitioner. Charge sheet is filed against the petitioner alone, for the offence punishable under S.498A and S.306 of IPC.

5. Briefly stated, case of the prosecution is that, marriage of first informant's daughter - Smt Piyali Mukherjee was solemnized with the petitioner / accused No.1 on 05.02.2021, as per Hindu Customs. After the marriage, the couple started residing at Flat No.201 of one Shradha Palmera Apartment, situated at Kaverappa Layout, Panathur, Marathahalli, Bengaluru. Accused No.1 developed illicit relationship with another girl and coming to know about it, deceased requested him to change his attitude and to lead a marital life as a dutiful husband, but he refused to listen to her and therefore the deceased was mentally disturbed. Further, petitioner was not responding to her calls and messages. The deceased used to note down the mental and emotional harassment meted to her in a diary. Feeling hurt and depressed on account of the mental and emotional harassment, she committed suicide on 24.02.2023 by hanging herself in her matrimonial home.

6. Learned Senior counsel appearing for the petitioner has contended that the petitioner is innocent of the alleged offence and there is absolutely no material collected by the prosecution to show that the petitioner was having an illicit relationship with another girl. He contends that the nature of allegations and the facts of the case do not disclose the ingredients of the offence now alleged against the petitioner. He contends that there is no earlier complaint against the petitioner regarding any sort of harassment given to the deceased and the complaint was lodged after two days with an ulterior motive, against the petitioner as well as his parents making various allegations which are found to be false and the names of the parents of the petitioner were dropped while filing the charge sheet.

7. The learned Senior counsel has further contended that the essential ingredients of the offence now alleged against the petitioner are not made out and considering the facts of the present case, at no stretch of imagination it could be stated that the petitioner has intentionally aided or abetted the deceased to commit suicide. Pointing out to the sequence of events, he would contend that the couple travelled together to Kolkatta to attend a wedding and on 16.02.2023 the deceased alone travelled back to Bengaluru since her company required her to work from home at Bengaluru itself. The deceased was supposed to travel back to Kolkatta for her brother's wedding on 10.03.2023. She committed suicide on 24.02.2023. He contends that if there was matrimonial discord between the couple, the petitioner cannot be said to have instigated the deceased to commit suicide.

8. The learned Senior counsel has contended that intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must to attract an offence under S.306 of IPC. He has relied on plethora of judgments in support of his contention.

9. The learned Senior counsel further submits that the petitioner is in judicial custody since 01.03.2023. Investigation is completed and charge sheet is also filed. Petitioner is ready and willing to furnish adequate surety to ensure his presence before the trial Cou