ORDER : ARVIND KUMAR, J. 1. Petitioner is arraigned as accused No.1 in Crime No. 181/2015 by the Siruguppa Police Station for the offences punishable under Sections 304B, 498A read with Section 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961 and he is seeking for being enlarged on bail by invoking Section 439 of Cr.P.C. 2. Facts in brief are: The complainant, Ravindra Swamy (father of the deceased) alleged in his complaint that his daughter Smt. Mahalakshmi was given in marriage to the petitioner about six years back and during marriage, he had given Rs.50,000/- in cash apart from performing the marriage at Ginjupalli Village; deceased and her husband were living happily and out of the said wedlock, two children were born; and one year prior to the incident, all the accused had made a demand from deceased Mahalakshmi to bring more money to purchase an auto-rickshaw and on being informed by deceased, complainant had paid a sum of Rs.30,000/- to the petitioner to purchase an auto-rickshaw which came to be sold by him and later he started driving an hired auto-rickshaw. One year prior to the date of incident, it was alleged that the accused persons started demanding from deceased to bring more money for Purchasing one more auto-rickshaw and on being informed, complainant assured that he would provide the same after harvest season is completed and on 20.08.2015 at about 06:00 p.m., deceased telephoned to complainant requesting him to take her to the house, as the accused were demanding to bring money; on 21.08.2015 when the complainant was about to leave to Siruguppa at about 12:30 p.m. one Rangaswamy informed him that his daughter had committed suicide by hanging and complainant rushed to the place and thereafter, complaint in question has been lodged. On the basis of said complaint, jurisdictional Police registered a case, as noticed herein above and have arrested the petitioner. Hence, seeking for being enlarged on bail this petition is filed. 3. I have heard the arguments of Sriyuths J. Basavaraj, learned counsel appearing for petitioner and Praveen K. Uppar, learned HCGP appearing for the State. Perused the records. 4. On the basis of said complaint, jurisdictional Police registered a case, as noticed herein above and have arrested the petitioner. Hence, seeking for being enlarged on bail this petition is filed. 3. I have heard the arguments of Sriyuths J. Basavaraj, learned counsel appearing for petitioner and Praveen K. Uppar, learned HCGP appearing for the State. Perused the records. 4. Learned counsel appearing for the petitioner submits that as on the date of the incident, accused petitioner was not present at the scene of incident and the statement of the neighbour which came to be recorded on 22.08.2015 would clearly indicate that it was accused No.2 who was present at the place of incident and there was no role played by the petitioner and as such, he prays for petitioner being enlarged on bail. He would also submit that since accused No.2 has already been enlarged on bail, on the ground of parity also petitioner is entitled for being enlarged on bail. He would further submit that two minor children are in the care and custody of the petitioner's mother's sister and the son is suffering from lack of speech and surgery has to be performed as per medical advice for which only petitioner has to take care of his son and as such, on medical ground also, learned counsel for the petitioner seeks for petitioner being enlarged on bail. 5. Per contra, learned HCGP would submit that though in the initial stage petitioner and his wife deceased led happy married life, petitioner and his family members started ill-treating the deceased for not bringing in more dowry and as such, the complainant namely the father of the deceased has clearly stated that for want of meeting the demand of dowry, deceased has committed suicide which has been abetted by the petitioner and other accused persons. It is contended that only on account of ill-treatment and harassment by the petitioner and other accused persons, it attracts Section 304B of Indian Penal Code and as such bail petition be rejected. 6. Having heard the learned advocates appearing for the parties and on perusal of the records and also looking at the allegations made in the complaint, it would indicate that there was no discordant note between the family members during the initial stage of the marriage. 6. Having heard the learned advocates appearing for the parties and on perusal of the records and also looking at the allegations made in the complaint, it would indicate that there was no discordant note between the family members during the initial stage of the marriage. Undisputedly, a son and daughter were born out of the wedlock between the petitioner and the deceased. The complainant has contended that initially he had paid a sum of Rs.30,000/- to the petitioner for purchasing an auto-rickshaw and the petitioner had sold the auto-rickshaw and thereafter started ill-treating the deceased for which no material is available at this stage. The records would also disclose that neighbourer of the petitioner and the deceased by name Smt. Jayamma has given her statement before the jurisdictional Police Station on 22.08.2015, stating that on the dale of incident, deceased was standing outside the house along with her children and later on she went inside and at that point of time, accused No.2 came out of the house and informed her that Smt.Mahalakshmi, her daughter-in-law has committed suicide by hanging herself. It would thus emerge from the statement that petitioner was not at the scene of the incident. This requires to be explained by the prosecution during the course of trial, namely as to whether the petitioner was responsible for the death of the deceased and what was the instigation for the deceased to commit suicide is also an issue which requires to be thrashed out during the course of trial. 7. That apart, petitioner came to be apprehended on the next day of the date of incident and has been in judicial custody from 22.08.2015 till date. The minor children of the petitioner who are aged about 3 years and one year are now in care and custody of petitioner's mother's sister. The medical report produced by the learned counsel for petitioner would disclose that son of the petitioner has to undergo surgery for speech and he requires to be attended to. Hence, by imposing strict conditions if petitioner is enlarged on bail, it would meet the ends of justice and alley the apprehension of prosecution. Hence, I proceed to pass the following: ORDER (a) Criminal Petition is hereby allowed. Hence, by imposing strict conditions if petitioner is enlarged on bail, it would meet the ends of justice and alley the apprehension of prosecution. Hence, I proceed to pass the following: ORDER (a) Criminal Petition is hereby allowed. (b) Petitioner is ordered to be enlarged on bail in Crime No. 181/2015 (now S.C. No. 123/2015), Siruguppa Police Station, on petitioner executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) with one solvent surety for the like sum to the satisfaction of the concerned Court subject to the following conditions. (I) Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly or induce them in any manner whatsoever; (II) Petitioner shall appear before the Siruguppa Police Station on every Sunday and Thursday of the week between 10:00 a.m. to 05:00 p.m. till the completion of trial; (III) Petitioner shall appear before the jurisdictional Court regularly and without fail. In the event of any of the conditions imposed by this Court is violated, prosecution would be at liberty to seek for cancellation of the bail.