High Court grants bail to HIV-positive woman

Observing that an accused being HIV-positive is also a fact to be considered for enlarging them on bail, the High Court of Karnataka has granted bail to a 48-year-old HIV-positive woman, who is accused of murdering her daughter-in-law for dowry. Justice S. Sunil Dutt Yadav allowed the petition filed by the accused, seeking bail as she has been lodged in prison since September 25, 2018.

“The Sessions Court, by its order dated December 31, 2018 rejected the bail application, despite observing that the petitioner is HIV-positive. The fact that the accused-petitioner is HIV-positive is also a fact to be considered while deciding as to whether the petitioner is entitled to be released on bail,” the court observed, while also considering other factors. The victim’s parents had alleged that the petitioner and her son were harassing their daughter for dowry, and she was strangulated to death by the accused. However, the accused-petitioner claimed that her daughter-in-law had committed suicide.

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