Karnataka High Court
Kumar Alias Kummya vs The State Of Karnataka on 16 July, 2025
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CRL.P No. 102216 of 2025
HC-KAR
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,
Digitally signed HIGH COURT OF KARNATAKA,
by RAKESH S DHARWAD BENCH, DHARWAD-580011.
HARIHAR
Location: High
Court of ...RESPONDENT
Karnataka, (BY SHRI ABHISHEK MALIPATIL, HCGP)
Dharwad Bench
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:
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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
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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
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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
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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
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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-
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(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