- 1 - NC: 2025:KHC-D:4238 CRL.P No. 100450 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100450 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SMT.JAYASHREE W/O. PAVAN PAWAR, AGE: 37 YEARS, OCC. HOUSEHOLD WORK, R/O. MARKANDEYA NAGAR, K. H. KANGRALI, TQ. BELAGAVI, DIST. BELAGAVI-590010. …PETITIONER (BY SRI S.L. MATTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH MARKET POLICE STATION, BELAGAVI, R/BY. S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL BY IMPOSING CONDITIONS IN THE MARKET P.S. BELAGAVI CRIME NO.63/2023 AND SC NO. 128/2023 ON THE FILE OF PRL. DIST AND SESSIONS JUDGE, BELAGAVI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302 AND 504 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.03.11 11:04:30 +0530 - 2 - NC: 2025:KHC-D:4238 CRL.P No. 100450 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri S.L. Matti, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’, for short) with the following prayer: “To enlarge the petitioner/accused on bail by imposing conditions in the Market P.S. Belagavi Crime No.63/2023 and SC No.128/2023 on the file of prl. Dist and Sessions Judge, Belagavi for the offence punishable under Sections 302 and 504 of IPC.” 3. This successive bail request by the petitioner in respect of the case registered in Crime No.63/2023 for the offences punishable under Sections 302 and 504 of Indian Penal Code, which is now pending in S.C.No.128/2023. 4. Sri S.L. Matti, counsel for the petitioner reiterating the grounds urged in the bail petition - 3 - NC: 2025:KHC-D:4238 CRL.P No. 100450 of 2025 contended that five witnesses have been examined on behalf of the prosecution and trial is under progress and all the five witnesses have supported the case of the prosecution. 5. However, he would submit that since the petitioner is suffering from HIV positive, continuation of the petitioner in the judicial custody is no longer warranted as her health condition may demand release of the petitioner from the prison and therefore, sought for grant of bail. 6. Per contra, Smt.Girija S. Hiremath, learned High Court Government Pleader opposes the bail grounds contending that all the material witnesses are examined on behalf of the prosecution have specifically supported the case of the prosecution. 7. Among them, PW-1 has deposed before the Court with graphic details as to what transpired on the day of incident and petitioner being the lady, when demand for - 4 - NC: 2025:KHC-D:4238 CRL.P No. 100450 of 2025 parting away with the mobile telephone was not acceded to by the deceased, she has stabbed the deceased resulting in death of the deceased and therefore, there is no merit in any one of the grounds urged on behalf of the petitioner and sought for dismissal of the petition. 8. Having heard the parties in detail, this Court perused the material on record meticulously. 9. On such perusal of the material on record, merits of the matter do not warrant this Court to exercise the special powers vested in this Court under Section 483 BNSS for granting the bail to the petitioner. 10. However, taking note of the fact that the petitioner is suffering from HIV positive, the jail authorities after obtaining necessary medical report from the Medical Board, take steps to shift the petitioner from prison to nearby Rehabilitation Center for proper treatment of the petitioner. - 5 - NC: 2025:KHC-D:4238 CRL.P No. 100450 of 2025 11. With that observation, bail petition stands disposed of. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 23