- 1 - HC-KAR NC: 2026:KHC:5492 CRL.P No. 15797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15797 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR SANJAY KUMAR J S S/O SRIDHAR AGED ABOUT 27 YEARS R/O JAMBARAGHATTE HOLEHONNUR HOBLI, BHADRAVATHI SHIVAMOGGA DISTRICT- 577 204. …PETITIONER (BY SRI K V SATEESHCHANDRA, ADVOCATE) AND: 1. STATE BY HOLEHONNUR POLICE STATION BHADRAVATHI TALUK SHIVAMOGGA DISTRICT – 577 204. REPRESENTED BY: STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001. …RESPONDENT (BY SMT. WAHEEDA M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS CRL.P AND ENLARGE THE PETITIONER ON BAIL IN CC.No.8082/2025 ARISING OUT OF CR.No.203/2025 OF HOLEHONNUR P.S., PENDING ON THE FILE OF THE COURT OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC-I, AT BHADRAVATHI, FOR THE OFFENCES Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5492 CRL.P No. 15797 of 2025 PUNISHABLE UNDER SECTIONS 3(2) AND 3(3) OF KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLACK MAGIC BILL, 2017, U/S 118(1),103(1) R/W 3(5) OF BNS, 2023 AND DIRECT THE PETITIONER BE RELEASE ON BAIL. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 483 of BNSS, 2023 praying to grant bail in S.C.No.5054/2025 (Crime No.203/2025 of Holehonnur Police Station) pending on the file of IV Additional District and Sessions Judge, Shivamogga, sitting at Bhadravathi, registered for offences punishable under Sections 103, 118(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Sections 3(2) and 3(3) of Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2026:KHC:5492 CRL.P No. 15797 of 2025 3. Learned counsel for petitioner would contend that the allegation against the petitioner is that he took the deceased who was his mother to accused Nos.1 and 3 to protect her from devil and to make the devil to run away from her body. There is another allegation that he asked accused No.1 to do whatever she wants and he is not worried even though her mother dies. There is no allegation against the petitioner assaulting the deceased. The petitioner is in judicial custody since 08.07.2025 and as the charge sheet is filed, he is not required for custodial interrogation. With these, he prays to allow the petition. 4. Per contra, learned HCGP for respondent/State would contend that CW.2 to 8 are eye witnesses to the incident. Accused No.1 has assaulted the deceased. This petitioner had taken the deceased who is the mother to accused No.1 to protect her from devil. The charge sheet material show prima-facie case against the petitioner for the offence alleged against him. With this, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2026:KHC:5492 CRL.P No. 15797 of 2025 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. This Court while granting bail to accused No.2 in the order dated 14.01.2026 passed in Crl.No.17330/2025 has observed as under: 6. The case of the prosecution is that, accused No.1 who is stated to have a godly power in collision with her husband, the petitioner/accused No.1 took Rs.5,000/- from accused No.2 to make the devil to run away from the body of the deceased and assaulted the deceased with stick from 09.00 p.m. on 06.07.2025 till 01.00 a.m. on 07.07.2025 and even the water is not given to the deceased after she demanded for water and causing death of the deceased. There is no overt act of any assault by the petitioner. The petitioner is husband of accused No.1 who is stated to have assaulted the deceased with stick. The petitioner is in judicial custody since 08.07.2025 and as the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. - 5 - HC-KAR NC: 2026:KHC:5492 CRL.P No. 15797 of 2025 7. The allegation against this petitioner/accused No.2 is that he took his mother to accused No.1 and gave Rs.5,000/- to protect her mother from devil. The other allegation against this petitioner is that he is not worried even though life of his mother is taken away. There is no overt act alleged against the petitioner assaulting the deceased. The said allegation of assault is against accused No.1. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since 08.07.2025. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.5054/2025 (Crime No.203/2025 of Holehonnur Police Station) pending on the file of IV - 6 - HC-KAR NC: 2026:KHC:5492 CRL.P No. 15797 of 2025 Additional District and Sessions Judge, Shivamogga, sitting at Bhadravathi,, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 10