- 1 - HC-KAR NC: 2025:KHC:30113 CRL.P No. 10526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10526 OF 2025 BETWEEN: 1. HALA BOVI S/O GOVINDA BOVI, AGED ABOUT 53 YEARS, 2. SOWBHAGYA BOVI W/O HALA BOVI, AGED ABOUT 50 YEARS, BOTH ARE RESIDING AT BOVI COLONY, GERAMARADI VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU DIST.-577 101. …PETITIONERS (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: THE STATE OF KARNATAKA BY TARIKERE TOWN POLICE STATION, TARIKERE, CHIKKAMAGALURU DIST.-577 101, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-01. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30113 CRL.P No. 10526 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE OF THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.105/2025, THE CASE IS REGISTERED BY TARIKERE TOWN POLICE, CHIKKAMAGALURU DIST. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 106, 238 OF BNS PENDING ON THE FILE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC AT TARIKERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Petitioners are accused Nos.1 and 2 in Cr.No.105/2025 of Tarikere Town, Chikkamagaluru, registered for the offence punishable under Section 106 and 238 of BNS, 2023. 3. It is the case of prosecution that, the deceased Sakamma, sister of the complainant, was residing in her parental home after being deserted by her husband. On 28.05.2025 at about 11:00 a.m., she took the families cattle for grazing in a field adjacent to the village. At - 3 - HC-KAR NC: 2025:KHC:30113 CRL.P No. 10526 of 2025 about 5:30 p.m., the cattle returned home, but the deceased did not. The complainant and other villagers searched for her, and at about 8:00 p.m., her body was found under a mango tree in the orchard of one Jayabovi, covered with leaves. At that time, villager Basavaraju informed that accused Halabovi, son of Govindabovi and his wife Saubhagya, petitioners herein, were seen driving the deceased’s cattle towards their house earlier in the day. Upon proceeding to petitioners’ orchard, it was found that, instead of properly installing poles and drawing the wire above ground, petitioners had negligently and illegally drawn an electric line from a borewell motor connection, which had fallen down. At about 1:30 p.m., on the same day, while returning with the cattle, deceased’s right leg came into contact with the said live wire, resulting in her instantaneous death by electrocution. It is further alleged that, in order to conceal the incident, petitioner No.1 with the assistance of his wife i.e., petitioner No.2 removed the body from the spot and shifted it to the adjacent orchard - 4 - HC-KAR NC: 2025:KHC:30113 CRL.P No. 10526 of 2025 of Jayabovi, placed it under a mango tree and covered it with leaves without informing anyone. Due to the negligent and illegal act of the said accused, the deceased sustained fatal electrocution injuries and died on the spot. 4. According to prosecution, accused had erected a pole and they have illegally drawn the electricity to the motor installed in their garden land and due to their negligent act, the deceased who came in contact with the electric wire, died. Further, to cause disappearance of evidence, they shifted the dead body to the adjacent land and covered it with leaves. 5. The petitioners are accused of causing death by negligent act, not amounting to culpable homicide and causing disappearance of evidence. Offence alleged are not punishable with death or imprisonment for life. Prosecution has to establish the case against the petitioners in a full fledged trial. Petitioners have no criminal antecedents. They have undertaken to - 5 - HC-KAR NC: 2025:KHC:30113 CRL.P No. 10526 of 2025 co-operate with the investigation. Hence, relief sought by the petitioners can be granted by imposing conditions. Accordingly, the following: ORDER 1. Petition is allowed. 2. Petitioners/accused Nos.1 and 2 in Cr.No.105/2025 registered by Tarikere Town Police Station, Chikkamagaluru, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum. b) They shall furnish their residential address/contact number and shall inform the I.O. in case of change in the address/contact number. - 6 - HC-KAR NC: 2025:KHC:30113 CRL.P No. 10526 of 2025 c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 66