Accused No.3 in Crime No.88/2023 registered by the

Kallambella Police Station, Tumakuru, for the offences

punishable under Sections 120B, 302, 201 r/w 34 of IPC is

before this Court under Section 438 of Cr.P.C.

2.

Heard learned counsel for the parties.

3.

On the basis of the complaint dated 13.05.2023

lodged by the petitioner herein, FIR in Crime No.88/2023

was registered by Kallambella Police Station, Tumakuru,

for the offences punishable under Sections 149 and 306 of

IPC against Puttaiah and five others. In the complaint

dated 13.05.2023, the petitioner had averred that his son

Manjunatha was married to Sowbhagya, who is the

daughter of Puttaiah. The marriage between Manjunatha

and Sowbhagya had failed and therefore, she had filed a

petition claiming maintenance before the jurisdictional

Court. When the case was pending, Puttaiah and his son

had

assaulted

Manjunatha

and

a

case

in

Crime

No.187/2022

was

registered

against

them.

Since,

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Manjunatha had not paid the maintenance awarded by the

jurisdictional Court he was remanded to custody for the

period from 06.04.2023 to 06.05.2023 and thereafter,

subsequently, he was released.

4.

The

petitioner

allegedly

had

thereafter

approached

Puttaiah

and

his

family

members

for

settlement of the dispute between Manjunatha and

Sowbhagya. At that time, Puttaiah and others had

allegedly

abused

and

assaulted

Manjunatha.

On

12.05.2023, Manjunatha had left the house at about

09.00 A.M. and he had not returned. His mobile phone

was found switched of. Thereafter, on the next day at

about 06.00 A.M., petitioner found the dead body of his

son near his property in a drainage. On verification,

petitioner found that his son had died and near his body

he also found an empty poison bottle. It is in this

background he had approached the police and lodged the

complaint against Puttaiah and his family members and

FIR in Crime No.88/2023 was therefore registered by

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Kallambella Police Station initially against Puttaiah and his

family members for offences punishable under Sections

149 and 306 of IPC. During the course of investigation in

the said case, Sowbhagya wife of Manjunatha, who was

arrayed as accused No.3 in the FIR in Crime No.88/2023

had appeared before the police on 06.06.2023 and had

stated that she suspected the hands of the petitioner and

one Raju in the death of her husband. The police on

10.06.2023 had summoned Raju, who is now arrayed as

accused No.1 in the case and he allegedly confessed about

murdering Manjunatha with the help of accused No.2 at

the instance of accused No.3. The police thereafter have

arrested accused Nos.1 and 2 and had filed a remand

application on 11.06.2023 with the prayer to array

petitioner as accused No.3 in Crime No.88/2023. It is

under these circumstances, the petitioner apprehended

arrest in the case and had filed Crl.Misc.No.1027/2023

before the Court of I Addl. District & Sessions Judge,

Tumakuru,

which

was

dismissed

on

26.07.2023.

Therefore, he is before this Court.

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5.

Learned counsel for the petitioner submits that

except the confession statement of accused Nos.1 and 2,

there is no material to connect the petitioner to the crime.

He submits that the death note and the video recording

left behind by the deceased Manjunatha would clearly go

to show that he had committed suicide as a result of

harassment made out on him by his wife and her family

members. He accordingly prays to allow the petition.

6.

Per contra, learned HCGP has opposed the bail

application. She submits that investigation in the case is

under

progress

and

custodial

interrogation

of

the

petitioner is very much required and accordingly, prays to

dismiss the petition.

7.

The dead body of deceased Manjunatha was

found by the complainant near his property on 13.05.2023

at about 06.00 A.M. and besides the dead body, he also

found an empty bottle of poison. From the body of the

deceased Manjunatha, a death note written by him was

also recovered wherein he h