ORDER : 1. The petitioner has sought for regular bail under section 439 of Code of Criminal Procedure in Crime No.79/2019 of Kalaburagi Women Police Station, registered for the offences punishable under sections 498A, 302, 304B read with section 34 of Indian Penal Code (hereinafter for brevity referred to as IPC) and sections 3 and 4 of Dowry Prohibition Act, 1961 (hereinafter for brevity referred to as 'D.P.Act'). 2. Mother of deceased Tabasum Begum is the complainant in this case. According to her, her daughter Tabasum Begum was given in marriage to the present petitioner (accused no.1) about four years back and out of the marriage they got a boy born to them by name Faizan Hussain who is aged about two years now. The complainant has alleged that sufficient dowry in the form of cash and gold was given at the time of marriage. However, the husband and in-laws of the deceased were constantly pestering the deceased to bring more dowry from her parental house. The complainant says that his daughter was revealing her about the demand that was being made in her husband's house. It is also the allegation in the complaint that the husband and in-laws also started suspecting the character of deceased Tabasum. That being the case, the husband returned to India who had been in Dubai for about two years. After that, on 15.06.2019 in the afternoon at about 1 o' clock, deceased Tabasum telephoned to the complainant asking for her to send some clothes. The complainant replied stating that she would send it through her son when he returns home. However, at 3 o' clock in the same afternoon, her son-in-law, who is the petitioner herein telephoned to the complainant intimating her that Tabasum has hanged herself. These people rushed to the house only to notice the dead body of Tabasum with ligature mark around her neck and a belt was also found fallen on the spot. Suspecting the hands of the accused including the present petitioner and alleging that it was not a suicidal death but it was a murder by the husband, the complainant lodged a complaint in Crime No.79/2019 of the respondent-police. The same was registered for the offences punishable under sections 498A, 302, 304(B) read with section 34 of IPC and under sections 3 and 4 of D.P. Act. The same was registered for the offences punishable under sections 498A, 302, 304(B) read with section 34 of IPC and under sections 3 and 4 of D.P. Act. After completion of investigation, the police have omitted accused no.4 from the charge sheet and confining to the accused nos.1 to 3 wherein the present petitioner is accused no.1, have filed charge sheet for the said offences. 3. The learned counsel for the petitioner submits that admittedly there is no eyewitness to the alleged incident. Just two hours prior to her death, when the deceased had called her mother over telephone, she did not complain about the cruelty meted to her, if any. This would go to show that there was no cruelty practiced upon the deceased. Learned counsel also submits that admittedly the present petitioner was away from the country for about two years, as such, he subjecting the deceased for constant cruelty would not arise. Stating that there are no evidence to show the presence of the accused in the house at the time of incident, the learned counsel prays for enlargement of the accused on bail. 4. Learned High Court Government Pleader contends that CW-16 to CW-18 are the neighbours who have stated about the harassment that was being meted to the deceased by the accused and his family members since her marriage. The postmortem report also proves the unnatural death. As such, there are every material to prove the alleged guilt of the accused in which circumstance the petitioner does not deserve to be enlarged on bail. 5. A perusal of the charge sheet material at this stage and prima facie would go to show that though there are several of the witnesses said to have given their statement before the police and have uniformly stated about the accused being subjected to harassment of dowry demand by her husband and in-laws, but it appears that none of the witnesses have stated as to on what basis they have arrived at an opinion that the death of the deceased was a murder committed by the present petitioner by strangulating the deceased with the help of a belt. The postmortem report at this stage and prima facie would go to show that the doctor has opined the cause of death as a result of constriction over the neck by the ligature. The postmortem report at this stage and prima facie would go to show that the doctor has opined the cause of death as a result of constriction over the neck by the ligature. In that scenario, whether the death of the deceased was by any external object and by use of the belt alleged to have been recovered from the spot, is a question to be considered and decided during the course of the trial. Though the death of the deceased appears to be an unnatural and has been caused within seven years of her marriage, but her marital life for four years and getting child and the fact of her husband being away from the country for two years also cannot be totally ignored at this stage. In the circumstances, the continuation of the accused in the judicial custody is not warranted. However, the apprehension of the prosecution that the accused may flee from justice may be checked by imposing reasonable conditions. Accordingly, I proceed to pass the following: ORDER The Criminal Petition is allowed. The petitioner be enlarged on bail in Crime No.79/2019 of Kalaburagi Women Police Station, for the offences punishable under sections 498A, 302, 304B read with section 34 of IPC and sections 3 and 4 of D.P. Act, subject to the following conditions that: (i) The accused/petitioner shall execute a personal bond for a sum of Rs.l,00,000/- with two local solvent sureties for the like sum to the satisfaction of the enlarging Court. (ii) The accused/petitioner to give in writing about the change in his address, if any, to the trial Court as and when such change occurs and obtain acknowledgement in that regard. (iii) The accused/petitioner shall appear before the Court on all the dates of hearing. (iv) The accused/petitioner shall not hamper or tamper the prosecution witnesses and documents in any manner. (v) The accused/petitioner shall surrender his passport to the trial Court, till the disposal of the main case and the trial Court to intimate in writing about the same to the passport issuing authority immediately after such surrender of the passport by the accused/ petitioner.