[Cites 7, Cited by 0]
Karnataka High Court
Mr Sanjay Kumar J S vs State By Holehonnur Police Station on 31 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5492
CRL.P No. 15797 of 2025
HC-KAR
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.
Digitally signed by
LAKSHMINARAYANA REPRESENTED BY:
MURTHY RAJASHRI
Location: HIGH
STATE PUBLIC PROSECUTOR
COURT OF
KARNATAKA
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
-2-
NC: 2026:KHC:5492
CRL.P No. 15797 of 2025
HC-KAR
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.
NC: 2026:KHC:5492
HC-KAR
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.
NC: 2026:KHC:5492
HC-KAR
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.
NC: 2026:KHC:5492
HC-KAR
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
NC: 2026:KHC:5492
HC-KAR
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
