Smt Asha a B Vs State by Holehonnur Police… — Murder and Culpable Homicide | Karnataka HC (2026)

Smt Asha a B Vs State by Holehonnur Police… — Murder and Culpable Homicide | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitioner/accused No.1 enlarged on regular bail in Crime No.203/2025 on executing a personal bond of Rs.1,00,000 (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to: (iii) not threatening or tampering with prosecution witnesses nor hampering Court proceedings; (iv) appearing before the Trial Court on all hearing dates without fail; (v) not involving in any criminal cases till disposal; violation entitles the prosecution to apply for cancellation of bail.

Issue for consideration

Whether the petitioner/accused No.1 (Smt Asha A B) is entitled to be enlarged on regular bail in Crime No.203/2025 (trial pending as S.C.No.5054/2025) for offences under Sections 103(1), 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(2) and 3(3) of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Bill 2017.

Court's answer

Having gone through the facts and circumstances of the case and heard both sides, the Court concluded that the petitioner/accused No.1 has made out a case for grant of bail.

Ratio / Principle

The petitioner is ordered to be enlarged on bail in Crime No.203/2025 for the offence under Sections 103(1), 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing a personal bond of Rs.1,00,000 with one surety for the likesum to the satisfaction of the Trial Court, subject to conditions (no threatening/tampering with prosecution witnesses or hampering of proceedings; appearance before the Trial Court on all hearing dates; no involvement in criminal cases till disposal), with liberty reserved to the prosecution to seek cancellation of bail on any violation.

Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA (Bengaluru), Single Judge — S Rachaiah, J. — 06-04-2026. CRL.P No. 1635 of 2026, filed under S.439 Cr.P.C. / S.483 BNSS: regular-bail application of Smt Asha A B (accused No.1; aged about 34; agriculturist and coolie work, Jambharagatta Village, Holehonnur Hobli, Bhadravathi Taluk, Shivamogga District) ALLOWED. She is arraigned in S.C.No.5054/2025 before the IV Additional District and Sessions Judge, Shivamogga sitting at Bhadravathi, arising out of Holehonnur P.S. Crime No.203/2025, for offences punishable under Sections 103(1), 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(2) and 3(3) of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Bill 2017. Prosecution case: on 07.07.2025 the beat constable learnt that Geethamma (aged about 55), believed to have an evil spirit in her body, had been fatally assaulted; her son (accused No.2), who had shown her to doctors without cure, had engaged the petitioner to cure/drive out the evil spirit; the petitioner, on that pretext, assaulted the deceased and did not provide her drinking water, whereupon she became unconscious and died; FIR registered and charge sheet filed. Counsel for the petitioner (who pleaded she acted as a priest without intention to commit murder) urged release; the HCGP opposed, contending the death occurred due to the petitioner's assault. Holding: the petitioner 'made out a case to grant bail'; she was ordered enlarged on a personal bond of Rs.1,00,000 with one surety for the likesum to the satisfaction of the Trial Court, with conditions barring threatening/tampering with prosecution witnesses or hampering of proceedings, requiring appearance on all hearing dates, and forbidding involvement in criminal cases till disposal; breach permits the prosecution to move for cancellation of bail. No precedent was cited.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH 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,

Digitally signed by PAVITHRA N Location: High Court of Karnataka

KURUBARA BEEDI

R/O JAMBHARAGATTA VILLAGE, HOLEHONNUR HOBLI, BHADRAVATHI TALUK. SHIVAMOGGA DISTRICT – 577 207

…PETITIONER

(BY SRI. SUHAS B. SAPPANNAVAR., ADVOCATE)

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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

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ORAL ORDER

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 :

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.

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

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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.

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.

Heard Sri.Suhas B.Sappannavar, learned counsel

for the petitioner and Smt.Anitha Girish N., learned High Court Government Pleader for respondent-State.

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.

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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.

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.

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.

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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.

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.

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.

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(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

List No.: 1 Sl No.: 16

NR/-