JUDGMENT The Court, made the following: 1. Petitioner is ranked as accused 4 in Crime No.291 of 2009 facing charge for offences under Sections 302 and 201 read with Sections 34 of the Indian Penal Code, 1860 along with others. This petition is filed under Section 438 of the Criminal Procedure Code, 1973, seeking his enlargement on bail in the event of his arrest by the Srinivasapura Police in the said Crime No.291 of 2009. 2. The prosecurtion case is that one Sreenivasa Gowda had married Rukmaniyamma. However, their marriage did not work and the couple separated. Rukmaniyamma took shelter in the house of her father Venkateshappa in Thimmanahalli Village. Though Rukmaniyamma separated, Sreenivasa Gowda continued to visit Rukmaniyamma and harass her. In this regard, Venkateshappa father of Rukmaniyamma, her relative one Raghu had reprimanded Sreenivasa Gowda not to visit the village but he (deceased) defied their direction. 3. Later, one Kamalamma lodged a report at the jurisdictional police station alleging her brother Sreenivasa Gowda had married Rukmaniyamma after death of his first wife Bhagyamma but she declined to live with him. Her father and brother and cousin nurtured ill-will against Sreenivasa Gowda and killed him. During investigation, the I.O. has collected material information which reveal that on 5-12-2009, when Sreenivasa Gowda had visited the village of Rukmaniyamma her father Venkateshappa ranked as accused 1, her brother Narayanaswamy and Raghu physically assaulted him consequent to which, he died and his dead body was set on fire. The I.O has also noticed from the statement of certain witnesses that the dead body of Sreenivasa Gowda was shifted in a bullock cart and then disposed off by setting fire to it. The ashes of the mortal remains found at the spot have been subjected to FSL analysis which confirmed it to be of human being. On the basis, Venkateshappa, Narayanswamy and petitioner came to be arrested. 4. As could be seen from the material so far collected, allegation is directed against Venkateshappa, Narayanaswamy of having caused physical injuries to Sreenivasa Gowda with the aid and assistance of Rukmaniyamma (his wife). So far as the petitioner is concerned, there is no overt act attributed by any of the witnesses including the complainant. Investigation has virtually reached finality and even as on this day, no further material has been collected. So far as the petitioner is concerned, there is no overt act attributed by any of the witnesses including the complainant. Investigation has virtually reached finality and even as on this day, no further material has been collected. In the circumstances, a paucity of material indicting the petitioner for a principal charge punishable under Section 302 of IPC persuades me to hold there is no reason to reject the bail. Hence, the following: ORDER The petition is allowed. Petitioner is admitted to bail subject to the following conditions.— (i) Petitioner shall execute a bond in a sum of Rs.25,000/- with one surety for the likesum to the satisfaction of the Trial Court. However, if by then, the case is committed to the Court of session, then to the satisfaction of the Session Court concerned. (ii) The petitioner shall not leave the sessions jurisdiction without prior permission. (iii) The petitioner shall mark his attendance at the jurisdictional police station where he resides once in 15 days on Sundays between 9 a.m. and 7 p.m. till the trial commences and shall not absent during trial. (iv) The petitioner shall not tamper with prosecution witnesses in any manner.