- 1 - HC-KAR NC: 2026:KHC:2268 CRL.P No. 17330 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17330 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SRI. SANTHOSH J.L., S/O. LOKANATHAPPA H.B., AGED ABOUT 39 YEARS, OCC: AGRICULTURIST AND COOLIE WORK, KURUBARA BEEDI, R/O. JAMBHARAGATTA VILLAGE, HOLEHONNUR HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 227. …PETITIONER (BY SRI. SAPPANNAVAR BASAVARAJ SHIVAPPA, ADVOCATE) AND: STATE BY HOLEHONNUR POLICE STATION, BHADRAVATHI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/THE ACCUSED NO.3 ON BAIL IN S.C.NO.5054/2025 ON THE FILE OF THE IV ADDITIONAL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2268 CRL.P No. 17330 of 2025 DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI (IN HOLEHONNUR P.S, CRIME NO.203/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 118(1) AND 3(5) OF BNS, 2023 AND UNDER SECTIONS 3(2) AND 3(3) OF THE KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLACK MAGIC ACT, 2017. 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.3 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 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:2268 CRL.P No. 17330 of 2025 3. Learned counsel for petitioner would contend that, there is no allegation of any assault by this petitioner on the deceased. The said assault is alleged against accused No.1 assaulting the deceased with stick. The allegation against this petitioner is that, he along with accused No.1 received Rs.5,000/- from accused No.2 in order to protect the deceased from devil and not giving any water to the deceased and keeping quiet while accused No.1 assaulting her. He further submits that, as the charge sheet is filed, the petitioner is not required for any custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, C.W.2 to C.W.7 are eyewitnesses to the incident. The petitioner is the husband of accused No.1. The petitioner has not stopped accused No.1 from assaulting the deceased and has not given water to the deceased when she demanded for water. The charge sheet materials show that, there is a - 4 - HC-KAR NC: 2026:KHC:2268 CRL.P No. 17330 of 2025 prima-facie case against the petitioner for offences alleged against him. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 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 overtact 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 - 5 - HC-KAR NC: 2026:KHC:2268 CRL.P No. 17330 of 2025 the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a 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 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. - 6 - HC-KAR NC: 2026:KHC:2268 CRL.P No. 17330 of 2025 iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 14