Prima facie evidence based on charge-sheet material is crucial in determining bail eligibility in serious criminal cases.

JUDGMENT

1. The Criminal Petition No.102388/2022 is filed by accused No.1 and Criminal Petition No.102683/2022 is filed by accused No.2. Both the petitions are filed under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in crime No.7/2022 of Sankeshwar Police Station registered for the offences punishable under Ss. 120(B) , 451 and 302 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ', for brevity) and Sec. 3 read with Sec. 25(1B) (a) of Indian Arms Act , 1959.

2. The case of the prosecution is that, one Shivanand Kempanaik Sangnaik of Savadatti has filed complaint stating that one Smt. Shailaja Niranjan Subedhar is his distinct relative as aunty and she lost her husband 15 years back and she has no children and hence, she is residing alone at Badakundi of Hukkeri taluk.

He will assist her whenever she called due to her alone living. She for her livelihood, has been doing money business with known persons and on 10/1/2022, she was at her home, she called him and informed him that one Ravi Rathod of Gadahinglaz took Rs.20,00,000.00 from her and he will return that amount in this week and hence, she kept the complainant with her for safer side. Earlier to 2-3 days from the date of filing of complaint, his brother Doddagouda Kempanaik Sangnaik also came and joined them and hence, both of them are sleeping in shop at night, which situated at ground floor of her house. On the previous night, all the three at about 8:30 p.m had dinner at the house of the deceased at first floor and slept at ground floor shop. The deceased was slept alone at her house. In the morning at about 4:45 a.m on 16/1/2022, she called his brother and informed him not to come to her house since one person is coming to her house to return money and he may not give money if he see any other person and if he is called her to difference place, she will inform them for accompanying her. Therefore, they kept quite and due to no call from their aunty for long gap and she was alone at house, his brother made a phone call to her at 7:30 a.m, but she did not pick the phone and hence, by using upstairs, when he rushed to her house, he saw her dead body fallen facing down and immediately his brother also joined him and both saw bullet near the spot and live bullet in bucket. Immediately they told relatives and informed the death of their aunty. It is stated that some unknown persons for unknown reason murdered his aunty in between 5:45 a.m and 8:00 a.m, by using pistol. The said complaint came to be registered in Crime No.7/2022 of Sankeshwar Police Station for the offences punishable under Ss. 451 , 302 of IPC and Sec. 25(1B) (a) of the Indian Arms Act , 1959 against unknown persons. On 19/1/2022, the police arrested the petitioner/accused No.1 and he is in judicial custody. The petitioner is arrayed as accused No.1. The police recorded his voluntary statement and arrested one Akilesh @ Limbya Mahesh Daroormath of Sangli and arrayed him as accused No.2 and one Rahul S/o Raju @ Raju Singh Rajapooth of Sangli and arrayed him as accused No.3 and further shown one Ajay Sarawa of Madhya Pradesh State as accused No.4. After completing investigation, the investigating officer filed charge-sheet against accused Nos.1 to 4 for the offences punishable under Ss. 120(B) , 451 and 302 read with Sec. 34 of IPC and Sec. 3 read with Sec. 25(1B) (a) of Indian Arms Act , 1959. The petitioner/accused No.1 filed Criminal Miscellaneous No.5444/2022 seeking bail and the same came to be rejected by VII Additional District and Sessions Judge, Belagavi, Sitting at Chikkodi vide order dtd. 21/7/2022. Therefore, the petitioner/accused No.1 is before this Court seeking bail. The petitioner/accused No.2 filed Criminal Miscellaneous No.5558/2022 seeking bail and the same came to be rejected by VII Additional District and Sessions Judge, Belagavi, Sitting at Chikkodi vide order dtd. 5/9/2022. Therefor