- 1 - HC-KAR NC: 2026:KHC:18364 CRL.P No. 1635 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1635 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SMT ASHA A B W/O SANTOSH, J. L AGED ABOUT 34 YEARS, OCCUPATION: AGRICULTURIST AND COOLIE WORK, KURUBARA BEEDI R/O JAMBHARAGATTA VILLAGE, HOLEHONNUR HOBLI, BHADRAVATHI TALUK. SHIVAMOGGA DISTRICT – 577 207 …PETITIONER (BY SRI. SUHAS B. SAPPANNAVAR., ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18364 CRL.P No. 1635 of 2026 AND: STATE BY HOLEHONNUR POLICE STATION, BHADRAVATHI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) ---- THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN S.C.NO.5054/2025 ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI (IN HOLEHONNUR P.S., CRIME NO.203/2025) FOR THE OFFENCE P/U/S 103(1), 118(1) AND 3(5) OF BNS 2023 AND U/S.3(2) AND 3(3) OF KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLACK MAGIC BILL 2017. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:18364 CRL.P No. 1635 of 2026 ORAL ORDER 1. The petitioner/accused No.1 is before this Court seeking grant of regular bail in Crime No.203/2025 of respondent-police for the offence under Sections 103(1), 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that the Station House Officer filed a complaint before the respondent-Police stating that he was working as Police Constable since 3 years in the respondent-Police Station. He was deputed to Jambaragatte Village as a beat police. When he was on his duty he has received information on 07.07.2025 around 12.00 noon that one lady was beaten to death on account of superstition belief. 3. It is further stated that on receiving the said information, he went to the spot and saw that the deceased had sustained injuries all over her body. Further he had received information that the accused No.2 is the son of the deceased. He had approached accused No.1 and stated that his mother was having evil spirit in her body and it has to be driven away. On the said request of the accused No.2, the - 4 - HC-KAR NC: 2026:KHC:18364 CRL.P No. 1635 of 2026 accused No.1 agreed and she gave one date and asked him to bring his mother. As per the said instruction the accused NO.2 took his mother and went to the spot where he was directed. The petitioner on the pretext of driving away the evil spirit assaulted the deceased and even the deceased was not provided water for drinking. Consequently, the deceased became unconscious and later she died. 4. Based on the said information, he lodges a complaint before the respondent -Police. The respondent-Police have registered FIR, conducted investigation and submitted charge sheet. 5. Heard Sri.Suhas B.Sappannavar, learned counsel for the petitioner and Smt.Anitha Girish N., learned High Court Government Pleader for respondent-State. 6. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. In fact, she had no intention to commit the murder of the deceased. In fact, the son of the deceased had entrusted the work of driving away the evil spirit from the body of his mother. - 5 - HC-KAR NC: 2026:KHC:18364 CRL.P No. 1635 of 2026 7. It is further submitted that the petitioner being a priest with intention to drive away the evil spirit had assaulted the deceased. As there was no intention to commit murder the petitioner may be enlarged on bail by imposing suitable conditions. She will abide by the conditions imposed by this Court in the event of her release of the appeal. Making such submission, he prays to allow the petition. 8. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that petitioner had assaulted the deceased with intention to commit her murder. The death has occurred due to the assault. The documents would indicate that the deceased has died due to the assault of the petitioner. Therefore, the petitioner is not entitled for any relief as prayed for. Making such submissions, she prayed to reject the petition. 9. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears that the deceased Geethamma aged about 55 years was considered as having evil spirit in her body. Her son who is accused No.2 had shown her to different Doctors. However, she was not cured. - 6 - HC-KAR NC: 2026:KHC:18364 CRL.P No. 1635 of 2026 Thereafter, accused No.2 had approached the petitioner and requested her to get her mother to be cured. The petitioner on the pretext of driving away the evil spirit had assaulted the deceased. Consequently, the deceased died. 10. On going through the facts and circumstances of the case, I am of the considered opinion that the petitioner has made out a case to grant bail. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.203/2025 of respondent-police for the offence under Sections 103(1), 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC:18364 CRL.P No. 1635 of 2026 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 16