- 1 - HC-KAR NC: 2025:KHC-D:8805 CRL.P No. 102216 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102216 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: KUMAR @ KUMMYA S/O. RAMANNA MADIVALR, AGE: 34 YEARS, OCC: DRIVER, R/O. CHIKURU, NOW AT: RUGI, TQ. MUDHOL, DIST. BAGALKOT-587313. …PETITIONER (BY SHRI R. H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (KARATAGI POLCIE STAION) R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SHRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ENLARGE THE PRESENT PETITIONER WHO IS ARRAYED AS ACCUSED NO.2 IN S.C.NO.83/2022, ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOPPAL (SITTING AT GANGAVATHI) IN CONNECTION WITH KARATAGI POLICE STATION CRIME NO.207/2020, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 302, 307, 109, R/W. 149 OF IPC, BY ALLOWING THIS PETITION, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8805 CRL.P No. 102216 of 2025 RAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri R.H.Angadi, learned counsel for the petitioner – accused No.2 and Sri Abhishek Malipatil, learned High Court Government Pleader for respondent – State. 2. This petition is filed under Section 439 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) (under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) by the accused to enlarge him on bail in SC.No.83/2022 on the file of learned Additional District and Sessions Judge, Koppal (sitting at Gangavathi). 3. Brief facts of the case of the prosecution are as under: The first informant Sri Bheemanna son of Chatrappa Megur, a police constable filed a complaint before the respondent Police, alleging that when he was on patrolling duty at Karatagi City Old Bus Stand, he received credible information that, in Channabasaveshwara Nagar near Pannapur road of Karatagi, some unknown persons have - 3 - HC-KAR NC: 2025:KHC-D:8805 CRL.P No. 102216 of 2025 committed murder of a lady and assaulted a person and ran away from the place of incident. Hence, he immediately rushed to the said place and found a dead body and injured person. After enquiry, he came to know the name of deceased as Triveni and the name of injured as Vinod Malali. Thereafter, he shifted the injured person to the Hospital. During the course of investigation, names of the petitioner and other accused persons were disclosed. Hence, the Investigating Officer arrested all the accused persons and in turn, they were remanded to the Judicial Custody. Hence, the petitioner – accused No.2 is in judicial custody since 25.08.2022. 4. The learned counsel for the petitioner – accused No.2 contended that, the petitioner/ accused No.2 is innocent of the alleged offences. He has not committed any offences as alleged. The petitioner is affected with HIV positive. If he remained in the prison, the other prisoners may get affected with the virus of HIV. The petitioner /accused No.2 is ready to abide by the conditions that may be imposed by this Court. Learned counsel for the petitioner - 4 - HC-KAR NC: 2025:KHC-D:8805 CRL.P No. 102216 of 2025 further contended that, the material eyewitnesses i.e. PWs.5 to 8 have not supported the case of the prosecution. Further, CW.42/Vinod Malali, as an injured eyewitness has not examined before the Trial Court and further trial of the case is stalled by CW.42, as he sought further investigation in the matter. On all these grounds he prayed for grant of bail. The counsel furnished medical records and the petitioner, issued by the Prison authority 5. The learned High Court Government Pleader contended that, the petitioner is involved in the offence under Section 302 of IPC and there is a prima facie case against him. If the petitioner/accused No.2 is released on bail, he may tamper with the prosecution witnesses. Considering the nature and gravity of the offence, the petitioner is not entitled to grant bail, hence he prayed for rejection of petition. 6. Perused the material available on record. As per the charge sheet material, the petitioner and others made criminal conspiracy and assaulted the deceased Triveni and - 5 - HC-KAR NC: 2025:KHC-D:8805 CRL.P No. 102216 of 2025 CW.42/Vinod Malali injured eyewitness with talwar, clubs and etc. 7. Now the petitioner/accused No.2 sought for bail on the ground of medical illness i.e., the petitioner is tested HIV positive. Perused the medical report furnished by the prison authorities i.e., National AIDS Control Organization, Laboratory Test Report. As per the report dated 20.01.2023, the doctors opined that “Specimen is positive for HIV-1 antibodies, thus, the petitioner tested HIV positive. 8. It appears that, the petitioner – accused No.2 is suffering from HIV positive since many years and it may get affected to other prisoners in the prison. If HIV is not effectively managed, there is a risk of transmission to the other inmates. The petitioner required immediate treatment and ongoing medical care. Thus, being HIV positive in prison can lead to significant challenges, including increased stigma, discrimination, and potential barriers to accessing health care and treatment. Having regard to the facts and circumstances of the case, looking to the nature of - 6 - HC-KAR NC: 2025:KHC-D:8805 CRL.P No. 102216 of 2025 allegations made against the petitioner and fact that the petitioner is affected with HIV positive, it is just and necessary to grant bail in favour of the petitioner. On these grounds, the petition is liable to be allowed. Accordingly, this Court proceed to pass the following: ORDER The criminal petition is hereby allowed. The petitioner/accused No.2 is ordered to be released on bail in S.C.No.83/2022 pending on the file of the learned Additional District and Sessions Judge, Koppal (Sitting at Gangavathi) on the following conditions: (i) The petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. (ii) The petitioner – accused shall not tamper the prosecution witnesses and shall not threaten the eyewitnesses. (iii) The petitioner – accused shall appear before the Trial Court regularly without fail. - 7 - HC-KAR NC: 2025:KHC-D:8805 CRL.P No. 102216 of 2025 (iv) The petitioner/accused shall not involve in any similar offences. Violation of any of the above conditions shall entitle the prosecution to seek cancellation of bail before the appropriate Court in accordance with law. NOTE: The above observation made in this petition is only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 15