The presumption of innocence, the general rule of granting bail, and the need for stringent conditions to address prosecution concerns were central to the judgment.

JUDGMENT

Shivashankar Amarannavar, J. - This petition is filed by accused No.1 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.143/2020 of Ghataprabha. Police Station, registered for an offence punishable under Section 307 read with Section 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

2. The case of the prosecution is that one Laxman Hulkund filed the complaint contending that he and the petitioner/accused No.1 got married 7 years back and they have two children and he is staying with his wife, children and mother together. Near his house one Basavaraj Hulkund's house is situated and the said Basavaraj Hulkund is having illicit relationship with his wife for the last two years. It is further alleged that in this regard the complainant, his mother and elders of the village by name Shivappa Mardi and Ravi Gadadi together advised the petitioner not to talk to Basavaraj and despite the same, they continued their illicit relationship. It is further alleged that on 24.06.2020 at about 1.00 pm the complainant asked the petitioner to give meal and the petitioner gave two roties, sabji and sambar and while eating the complainant noticed some shining item in the plate and he immediately called his mother, Shivappa Mardi and Ravi Gadadi and shown it to them. It is further alleged that at that time Ravi Gadadi called some known person over phone and enquired about the shining item and the said person told that it is 'mercury'. Thereafter, they enquired the petitioner/accused No.1 and at that time, she told that accused No.2-Basavaraj Hulkund has given the said item to mix in the food. Thereafter, the complainant faced some problem and at that time, his mother and brother took him on vehicle and got admitted in KHI Hospital, Ghataprabha. The complainant filed complaint on 29.06.2020 in Ghataprabha police station and the same was registered in Crime No.143/2020 for an offence punishable under Section 307 read with Section 34 of IPC. The police arrested the petitioner/accused No.1 on 24.07.2020. The petitioner/accused No.1 filed bail application before the XI Additional District and Sessions Court, Belagavi in Crl.Misc.No.1124/2020 and the same came to be rejected by order dated 14.08.2020. Therefore, the petitioner is before this Court seeking bail.

3. Heard the learned counsel appearing for the petitioner/accused No.1 and the learned High Court Government Pleader for the respondent-State.

4. Learned counsel for the petitioner has submitted that the incident has taken place on 24.06.2020 and there is a delay in filing the complaint as the complaint has been filed on 29.06.2020. It is his further submission that the petitioner is happily married with the complainant since last 7 years and they have two children. It is his further submission that only on allegation that the petitioner is having illicit relationship with the cousin of the complainant, a false case has been filed against her. It is his further submission that the petitioner is a women aged 24 years having two children and she has to take care of her two children and other family members. With these, he prayed for allowing the petition.

5. Per contra, learned High Court Government Pleader submitted that the petitioner/accused No.1 is the wife of the complainant and she has illicit relationship with accused No.2. The petitioner had mixed 'mercury' given by accused No.2 in food and served it to her husband with an intention to kill him. It is her further submission that CW-1 was in the hospital for 7 days and now he has been discharged. It is her further submission that investigation is still in progress and if the petitioner/accused No.1 is granted bail, she will hamper the investigation and tamper the prosecution witnesses. With this, she prayed to dismiss the petition.

6. Having regard to the submission made by the learned counsel for the petitioner and