Prima facie evidence and the potential threat posed by the accused are crucial factors in determining the grant of bail in criminal cases.

JUDGMENT

1. This petition is filed by accused No.2 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C .', for brevity) seeking bail in Crime No.193/2021 of Garag Police Station, registered for the offences punishable under Ss. 302, 120(B), 109 read with Sec. 34 of The Indian Penal Code (hereina fter referred to as the 'IPC', for brevity).

2. The case of the prosecution as per the charge sheet is that, complainant Siddappa is residing with his elder son Yallappa and his family members in the farm house at Mulamuttal Village and his younger son Bhimappa (deceased) was residing separately in the house at Bhajantri Oni in Mulamuttal Village with his wife Kaveri (accused No.2) and their children. The house of Shivanand (accused No.1) is ad jacent to the house of deceased Bhimappa. Since one year accused No.1 developed illicit relationship with accused No.2 who is the wife of the deceased Bhimappa which had come to the notice of complainant, Bhimappa and other family members. The said Bhimappa became angry over the said illicit relationship of his wife with accused No .1 and as a result, there were frequent quarrels between the deceased Bhimappa and accused No.2. It is further case of the prosecution that accused Nos.1 and 2 thought of finishing the deceased Bhimappa as he was quarrelling with the petitioner/accused No.2 and he was abusing her everyday and has become obstacle in their relationship. The accused Nos.1 and 2 planed to eliminate Bhimappa. That on 14/12/2021 at 01:35 a.m., accused No .1 came with an axe from his house to the room where Bhimappa was sleeping on a cot. With the assistance of the accused No.2/petitioner accused No.1 assaulted Bhimappa with axe on his right ear, head, neck and caused in juries and the said Bhimappa died. The accused No.2 informed the murder of Bhimappa to his family members. The complainant came along with his elder son Yallappa and saw the dead body on the cot in the house, collected information from his uncle one Hanumant Basavanneppa Karishiddanavar and filed complaint. After completing investigation, charge sheet came to be filed and case is now pending in S.C .No .28/2022 . This petitioner/accused No.2 came to be arrested on 14/12/2021 and she is in judicial custody. The petitioner/accused No.2 filed the bail application in S.C.No.28/2022 and the same came to be rejected by the learned IV Additional District and Sessions Judge, Dharwad by order dtd. 12/8/2022 . Therefore, the petitioner is before this Court seeking bail.

3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.

4. The learned counsel for the petitioner would contend that there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidences. As per the statement of CW12 - Hanmantappa, he saw the accused No .1 coming out of the house of the deceased holding axe and therefore, he is not an eyewitness to the incident. In the spot mahazar, there is a mention that there is a separate bed in the room in which the deceased found on the cot shows that the petitioner/accused No.2 was sleeping separately. The petitioner/accused No.2 informed the murder of her husband deceased Bhimappa to the complainant. The petitioner is having two minor daughters. As the charge sheet is filed, the petitioner is not required for any custodial interrogation. With this, he prayed to allow the petition.

5. Per contra, learned High Court Government Pleader would contend that the voluntary statement of accused No.2 has been recorded wherein she specifically stated that they conspired to kill her husband deceased Bhimappa as he is coming in the way of her illicit relationship with accused No.1 and with her assistance the accused No.1 gained entry in the house holding axe and entered the room where the deceased was sleeping and she removed the blanket from the face of the deceased an