JUDGMENT Shivashankar Amarannavar, J. - This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.112/2019(S.C.No.80/2019 on the file of II Addl. District and Sessions Judge, Ballari) of Sirigere Police Station registered for the offence punishable under Section 302 and 504 of IPC. 2. The case of the prosecution is that one Ranganna of Karur village has filed complaint alleging that his deceased daughter Thippamma was given in marriage with the accused about 15 years back, due to wed lock two children born to them and they lived happily for years. It is further alleged that the accused used to quarrel on the ground that she does not work properly, and he had raised loan of two to three lakhs and asking his wife to clear the loan amount and used to assault whenever he was drunk. It is alleged that the deceased and the accused decided to earn the money to clear the loan and that they went to Bengaluru by leaving the children with the complainant about three months prior to the incident. It is alleged that recently they have returned to the village and complainant went to the house along with the children. After some days the deceased informed the complainant that the accused used to beat her when he was drunk. It is further alleged that on 08.09.2019, the complainant was in the hospital as his second daughter was delivered and at about 9 p.m. one Gadilinga telephonically informed that his deceased daughter was assaulted by the accused and that they are coming to Ballari for the sake of treatment, again at about 10.30. p.m. he again called and informed that his daughter died on the way to the hospital and that they are taking her back to the village, as the complainant since was in the hospital did not visited the village on that day. Complainant went to the village on the next day and saw the dead body of his daughter lying infront of the house of the accused and noticed contusion injuries on her back, shoulder, left trunk and elbows. Complainant went to the village on the next day and saw the dead body of his daughter lying infront of the house of the accused and noticed contusion injuries on her back, shoulder, left trunk and elbows. The complainant made enquiries with neighbors namely Kalinga, Raja, Mukappa and Chippigal Govindappa and they informed that on 08.09.2019 at about 8 p.m. the deceased returned from the coolie work and the accused questioned as to why she came late, abused her and thereafter he assaulted with the stick on her back and face, further he pushed her to the wall and that the deceased fell to the ground unconsciously and that they immediately tried to shift her to the hospital at Ballari but on the way to the hospital she died. The complaint came to be registered in Crime No.112/2019 of Sirigere Police Station for the offence punishable under sections 323, 324, 302 and 504 of IPC. After completion of investigation, Investigating Officer filed charge sheet for the offence punishable under Sections 302 and 504 of IPC. The petitioner was arrested on 10.09.2019. After committal of the case, it is pending in SC No.80/2019 before the II Addl. District and Sessions Judge, Ballari. The bail application filed by the petitioner was rejected on 31.07.2020. Therefore, the petitioner-accused is before this Court seeking bail. 3. Heard the learned counsel for the petitioner-accused and learned HCGP for respondent-State. 4. It is the contention of the learned counsel for the petitioner-accused that the marriage of the petitioner and the deceased- was taken place about 15 years ago, due to the wed lock two children were born to them and they lived happily for years. Further, it is his submission that the petitioner-accused alleged to have been assaulted with Mudde stick used in kitchen on her shoulder and left side of the stomach and pushed her and the same goes to show that there is no intention on the part of the petitioner-accused to kill his wife. It is his further submission that there were no blood stains on the spot. It is his further submission that accused also went along with Gadilinga in his car taking injured Thippamma to hospital and the very act shows that he had no intention of causing any fatal injuries. It is his further submission that there were no blood stains on the spot. It is his further submission that accused also went along with Gadilinga in his car taking injured Thippamma to hospital and the very act shows that he had no intention of causing any fatal injuries. It is his further submission that both deceased and accused went to Bengaluru leaving their children to earn the loan amount of rupees three lakhs and the very said aspect goes to show that he has not harassed his wife. It is his further submissions that act might have taken place in the heat of passion. It is further submission that investigation is over, charge sheet has been filed and the custodial interrogation of the petitioner-accused is not necessary and petitioner-accused is ready to abide by the conditions imposed by this Court. With this he prayed to allow the petition. 5. Per contra, the learned HCGP contended that the CW.8 to CW.12 eye witnesses to the incident who have seen accused assaulting deceased and pushing her to the wall. It is her further submission that accused used Mudde stick used in the kitchen to assault the deceased and the very act goes to show that he had intention to kill her. It is her further submission that doctor who conducted postmortem examination after examining the wooden club sent to him has opined that injures disclosed in the postmortem report can be caused by the said wooden club and cause death. It is her further submission that charge sheet materials prima facie go to show that the petitioneraccused has committed the offences alleged against him. It is her further submission that if the petitioner-accused is granted with bail, he will tamper the prosecution witnesses and flee from justice. With this, she prays to reject the bail petition. 6. Having regard to the submission made by the learned counsel for the petitioner-accused and the learned HCGP, this Court has gone through the charge sheet records. Even according to the complaint, marriage of the petitioner with the deceased has taken place 15 years ago and they have two children and they lived happily for some years. The petitioner along with deceased went to Bengaluru to earn money to repay the loan of rupees three lakhs. There is no allegation that the petitioner-accused used to give harassment to the deceased Thippamma. The petitioner along with deceased went to Bengaluru to earn money to repay the loan of rupees three lakhs. There is no allegation that the petitioner-accused used to give harassment to the deceased Thippamma. On the date of incident as the deceased come late after work to the house deceased questioned and assaulted her with stick on shoulder and left side of the stomach and pushed her to wall. CWs.8 to 12 who are eye witnesses have stated regarding the same. On looking to the manner of assault and pushing the deceased by the accused itself goes to show that there was no intention to cause death of the deceased. 7. It is well settled that matters to be considered in an application for bail are: "(i) Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, of course, of justice being thwarted by grant of bail. While a vague allegation that the accused may tamper with the evidence or witnesses, may not be a ground to refuse bail, if the accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, then bail will be refused." 8. In a decision in the case of DATARAM SINGH Vs. STATE OF UTTARA PRADESH AND ANOTHER, (2018) 3 SCC 22 , the Hon'ble Apex Court held as under: "A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society." 9. In the present case the investigation is completed. Charge sheet has been filed. There are no criminal antecedents of the petitioner-accused. The petitioneraccused has to look after his two children among them his daughter is a mentally retard. The petitioner-accused is residing in the address shown in the cause title and it is not disputed. The main objection of the prosecution is that in the event of grant of bail, the petitioner-accused is likely to cause threat to the complainant and prosecution witnesses. The said objection may be set right by imposing some stringent conditions. 10. In the facts and circumstances of the case, this Court is of the considered view that there are valid grounds for grant of bail subject to conditions. Hence, I pass the following. ORDER The petition filed under Section 439 of Cr.P.C. is allowed. The petitioner-accused shall be released on bail in Crime No.112/2019 of Sirigere Police Station, Ballari subject to the following conditions. i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh rupees only) with one surety for the like sum to the satisfaction of the jurisdictional Court. In view of Covid-19, the petitioner is permitted to furnish surety within two months. If circumstances arise, jurisdictional court is permitted to extend the time for furnishing surety. ii) The petitioner shall not indulge in tampering the prosecution witnesses in any manner. iii) The petitioner shall appear before the Court regularly and co-operate in speedy disposal of the case.