(Prayer: This Crl.p filed u/s 439 Cr.Pc (filed u/s 483 BNSS) by the advocate for the petitioner praying to grant regular bail to the petitioner/accused no.1 in connection with Cr.No.395/2025 pending on the file of I Addl. Senior Civil Judge and J.M.F.C Chikkamagaluru, for the offence P/U/S 85, 108, 3(5) of BNS, 2023, as mentioned in the charge sheet in Cr.No.395/2025 registered by the Chikkamagaluru rural P.S. (1st respondent))

M.G.S. Kamal, J.

1. The petitioner/accused No.1 is before this Court seeking grant of regular bail in Crime No.395/2025 registered by Chikkamagaluru Rural Police Station for the offence under Sections 85, 108 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Brief facts of the case:

2. A complaint dated 26.11.2025 came to be filed by one Rangaswami D.R. alleging his sister Chandrakala wife of the accused herein had committed suicide unbearable of the physical and mental torture meted out to her by the accused persons. It is alleged that marriage of accused No.1 herein and the said Chandrakala was solemnized on 17.06.2010 and they lived happily for about 3 years, blessed with a daughter who is presently aged 11 years. Subsequently, she was subjected to physical and mental torture demanding dowry, which was aggravated, requiring intervention of the family members, conducting panchayat and conciliation.

3. That on 25.09.2025, when the accused's wife and the child were travelling on a two wheeler, they met with an accident, in which the deceased had sustained severe injuries. She had received compensation arising out of the said accident. Accused herein was demanding for payment of the said amount and had also physically attempted on her life. There was a complaint came to be registered in Crime No.30/2020 and a charge sheet in the case has been filed. He had assured the family members of the deceased that he would take care of her. Believing his assurance, deceased was sent to matrimonial home. However, the torture did not stop. Being unbearable of the physical and mental torture, the deceased committed suicide on 25.11.2025.

4. Learned Senior counsel appearing for the appellant submits that the charge sheet in the instant case has been filed. Though initially four accused were arrested, two of them have been given up. Charge sheet is filed only against the husband of the deceased and mother of accused No.1. Accused No.2 has also been granted bail. Accused No.1 who was arrested on 26.11.2025 has been in confinement since then. The child is in the custody of accused No.2. The complaint has been filed by the brother of the deceased who is also a Police Officer and there is animosity in the family. Therefore, the accused has been implicated in the matter. Accused No.1 is working as Second Division Assistant and he will abide the conditions imposed by this Court. Hence, seeks for allowing of the petition.

5. Learned High Court Government Pleader pointing out to paragraph 4 of charge sheet at column No.17 submits that on the fateful night, accused had specifically abused the victim stating that if she did not die, he would not be at peace. It is this statement which had coerced her to put an end to her life bringing the act of the accused within the provisions of Section 108 of BNS, 2023. Hence, seeks for rejection of the bail.

6. Heard the learned counsel for the respective parties and perused the records.

7. Admittedly, the marriage of the deceased with accused was solemnized on 17.06.2010. Thus they are married for 16 years, blessed with a daughter. The earlier complaint in Crime No.30/2020 has been registered against the accused. He allegedly threatened her with dire consequences demanding dowry. It is stated that charge sheet has been filed in the said case. There is considerable force in the submissions made by the learned Senior counsel appearing for the petitioner that it is improbable when serious allegations are made against the accused and the matter was being tried, the very person at whose instance the complaint was lodged was still staying with the accused.

8. Be that as it may, the present complaint seems to have been filed by the brother of the deceased who himself is stated to be Police Officer. Averment made in the complaint extracted in column No.17 of the charge sheet indicate as if the complainant was present when the accused had allegedly humiliated the deceased stating that he would be at peace only if she died.

9. The accused has been in confinement since 26.11.2025. Charge sheet has been filed. The minor child is stated to be residing with the mother of the accused. Accused is stated to have been working as Second Division Assistant.

10. The Apex Court in the case of PATEL BABUBHAI MANOHARDAS AND OTHERS VS. STATE OF GUJARAT reported in 2025 SCC ONLINE SC 503 at paragraphs 22, 23, 24 has held as under;

               "22. Abetment to commit suicide involves a mental process of instigating a person or intentionally aiding a person in the doing of a thing. Without a positive proximate act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. Besides, in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit the offence.

               23. This Court in Amudha v. State held that there has to be an act of incitement on the part of the accused proximate to the date on which the deceased committed suicide. The act attributed should not only be proximate to the time of suicide but should also be of such a nature that the deceased was left with no alternative but to take the drastic step of committing suicide.

               24. Again, in the case of Kamaruddin Dastagir Sanadi v. State of Karnataka, this Court observed that discord and differences in domestic life are quite common in society. Commission of suicide largely depends upon the mental state of the victim. Until and unless some guilty intention on the part of the accused is established, it is ordinarily not possible to convict the accused for an offence under Section 306 IPC."

11. Whether the accused is instrumental in the deceased committing suicide or not has to be decided during the trial. Considering the marriage had taken place 16 years ago, this court deems it appropriate to grant the bail.

12. Accordingly, following:

                                                                              ORDER

               (i) The petition is allowed.

               (ii) The petitioner is directed to be enlarged on bail in Crime No.395/2025 registered by Chikkamagaluru Rural Police Station for the offence under Sections 85, 108 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:

               a) Petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

                b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

                c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

                d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.