Orissa High Court
Sania Gouda vs State Of Odisha .... Opposite Party on 11 April, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.59 of 2023
Sania Gouda .... Petitioner
Mr. S.K. Rout, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
11.04.2023 Order No.
04. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in C.T. Case No.74 of 2022 pending on the file of learned Addl. Sessions Judge, Koraput arising out of Koraput Sadar P.S Case No.09 of 2022 for commission of offence alleged under Section 302 IPC.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Koraput by order dated 03.09.2022 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody from 19.01.2022 and since charge sheet has been filed in the meanwhile, he may be released on bail.
5. It is further submitted that the deceased is the brother of the Petitioner. Without any premeditation because of the ongoing Page 1 of 2 altercation, he brought out an axe from his house and assaulted the deceased.
6. It is the submission of the learned counsel that there was no intention to commit the offence and even if the entire allegation of the prosecution is accepted at its face value, no case under Section 302 IPC is made out against the present Petitioner.
7. Learned counsel for the State referring to the number of injuries opposes the prayer for bail.
8. Regarding injuries it is submitted by the learned counsel for the Petitioner that the same has been inflicted in course of same transaction. Hence, the same ought not to weigh with this Court and seeks release.
9. Perused the statement of Nilakantha Gouda (C.W.8) and the wife of the deceased Moti Gouda (C.W 3) recorded under Section 164 Cr.P.C.
10. Considering the background in which the offence was committed, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge PKS Page 2 of 2