JUDGMENT Shivashankar Amarannavar, J. - This petition is filed by accused Nos.2 and 3 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.72/2020 of Mariyammanahalli Police Station, Ballari, registered for the offences punishable under Sections 498A, 201, 323, 504, 302 and 304B read with Section 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the 'DP Act', for brevity). 2. It is the case of the prosecution that one Smt. Nani Bai has filed the complaint stating that about 5 years back, her daughter Nandini Bai was given in marriage to accused No.1 by paying Rs.25,000/- cash and 2 tola gold by way of dowry. It is further alleged that after marriage, they were cordial for six months and thereafter accused No.1 was addicted to bad vices and gambling and in order to fulfill his vices, he used to steal sheep and demanding his wife Nandini Bai to bring money and abusing her in indecent words. It is further alleged that even the in-laws of said Nandini Bai, who are accused Nos.2 and 3, also harassing her by demanding to bring money from her parental home. It is further alleged that on 3-4 occasions, the said Nandini Bai brought money from her parental house to get relieved accused No.1 in theft cases. It is further alleged that on 25.05.2020 at 2.00 pm, accused No.1 and other accused subjected Nandini Bai to cruelty by harassing her both physically and mentally by demanding her to bring additional dowry from her parental house and they assaulted her for bringing only Rs.5,000/- cash and committed her murder and created a false story of hanging herself. On the basis of the said complaint, a case came to be registered in Crime No.72/2020 in Mariyammanahalli Police Station for the offence punishable under Section 323, 498A, 304B, 201 and 504 read with Section 34 of IPC and Sections 3 and 4 of DP Act. After investigation, charge sheet has been filed for the offence under Sections 323, 498A, 302, 304B, 201, 504 read with Section 34 of IPC and Sections 3 and 4 of DP Act. After investigation, charge sheet has been filed for the offence under Sections 323, 498A, 302, 304B, 201, 504 read with Section 34 of IPC and Sections 3 and 4 of DP Act. The petitioners approached learned III Additional District and Sessions Judge, Ballari, seeking anticipatory bail in Crl.Misc.No.5044/2020 and the same came to be rejected by order dated 04.09.2020. Therefore, the petitioners are before this Court seeking bail. 3. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State. 4. It is the contention of the learned counsel for the petitioners that the marriage of accused No.1 with the deceased took place about 5 years ago and initially, they lived happily for some period and thereafter, accused No.1 was addicted to bad vices and gambling and used to commit theft of sheep. It is his further submission that Nandini Bai used to bring money from her parental house for releasing accused No.1 in criminal cases. It is his further submission that accused No.1 and the petitioners have sent the deceased to her parental house to bring a sum of Rs.25,000/- but she had brought only Rs.5,000/- and the petitioners objected for the same and at that time, the deceased abused the petitioners and accused No.1 being enraged, assaulted the deceased. It is his further submission that therefore, the deceased has committed suicide by hanging. It is his further submission that in the postmortem report, the doctor has opined that death is due to asphyxia due to hanging. It is his further submission that no witness has stated regarding assault by accused Nos.2 and 3 to the deceased to bring dowry. It is his further submission that accused Nos.4 and 5, who are the children of petitioners, have been granted anticipatory bail by the trial Court and on the ground of parity, the petitioners are also entitled for grant of anticipatory bail. It is his further submission that investigation is over and charge sheet has been filed and therefore, the petitioners are not required for any custodial interrogation. With this, he prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader contended that the death of the deceased has taken place within 7 years of marriage and the marriage took place on 29.04.2016. With this, he prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader contended that the death of the deceased has taken place within 7 years of marriage and the marriage took place on 29.04.2016. It is her further submission that panchayat was held and the accused were advised by the panchayat members not to ill-treat Nandini Baideceased. It is her further submission that accused No.1 used to commit theft of sheep and used to ill-treat the deceased to bring money from her parental house. It is her further submission that charge sheet material, prima facie, establish a case against the petitioners for the offence alleged against them. It is her further submission that if the petitioners are granted anticipatory bail, they will tamper the prosecution witnesses and flee from justice. With this, she prayed to dismiss the petition. 6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records. 7. Even according to the averments of the complaint, the deceased and accused No.1 led happy married life initially for a period of six months. It is further stated in the complaint that for small mistakes, the petitioner and other accused used to abuse her and harass her mentally and physically. It is also stated in the complaint that accused No.1 used to commit theft of sheep and used to involve in criminal case and asked his wife to bring money from her parental house. The said money demanded by the accused is not as 'dowry', but to meet the expenses of the criminal cases wherein accused No.1 was involved. The voluntary statement of accused No.1 reveal that when the deceased brought Rs.5,000/-, the petitioners objected for the same and accused No.1 assaulted her when she abused his parents and therefore being depressed, she committed suicide. The doctor, who conducted postmortem over the dead body of Nandini Bai, has opined that death is due to asphyxia due to hanging. Whether the act attracts Section 302 or 304B is a matter of trial. None of the witnesses have stated regarding assault by the petitioners to the deceased asking her to bring dowry. Petitioner No.2 is a woman aged 45 years. The petitioners apprehend their arrest since their names are shown in the charge-sheet as accused Nos.2 and 3. Whether the act attracts Section 302 or 304B is a matter of trial. None of the witnesses have stated regarding assault by the petitioners to the deceased asking her to bring dowry. Petitioner No.2 is a woman aged 45 years. The petitioners apprehend their arrest since their names are shown in the charge-sheet as accused Nos.2 and 3. The petitioners are the residents of the address shown in the cause title and the same is not disputed. The main objection of the prosecution is that in the event of granting anticipatory bail, the petitioners are likely to cause threat to the complainant and other prosecution witnesses. The said objection may be set right by imposing stringent conditions. 8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following: ORDER The petition filed under Section 438 of Cr.P.C. is allowed. In the event of arrest of the petitioners/accused Nos.2 and 3, they shall be released on bail in Crime No.72/2020 of Mariyammanahalli Police Station, Ballari subject to the following conditions: i. The petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety for the like sum to the satisfaction of the jurisdictional Court/Investigating Officer. ii. The petitioners/accused Nos.2 and 3 shall surrender before the Investigating Officer/jurisdictional Court within fifteen days from today. iii. The petitioners/accused Nos.2 and 3 shall not indulge in tampering the prosecution witnesses. iv. The petitioners/accused Nos.2 and 3 shall attend the Court regularly and co-operate in speedy disposal of the case.