Orissa High Court
Santanu Kumar Sahu vs State Of Odisha .... Opp. Party on 31 January, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.15146 of 2022
Santanu Kumar Sahu .... Petitioner
Mr. Devashis Panda, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Debasis Biswal, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 31.01.2023
04. 1. Heard learned counsel for the Petitioner and the State.
2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.294/323/427/306 IPC.
3. It is alleged against the Petitioner that while the deceased was a Student of +3 in the Naktideula College committed suicide by consuming poison. It is further alleged that the Petitioner had a love affair with the deceased and their relationship continued giving an impression to the deceased that they would marry each other whereas on 25th September, 2022 the Petitioner took the deceased from her college to Chahatapada and hurled abused at her besides causing assault. The Petitioner also damaged her mobile and having brought her from Chahatapada left her at temple chowk and expressed that he would not marry her. Having felt dejected the // 2 // Petitioner returned to her home and narrated whole the incident ore her mother. Having failed to reconcile with the situation she consumed poison and succumbed to it. The suicidal note recovered revealed that she attributed her cause of death to the Petitioner.
4. Mr. Panda, learned counsel for the Petitioner submitted that the allegations if taken as a whole does not make out a case under Section 306 IPC and as far as other allegations are concerned, the materials available on record are inadequate to implicate the Petitioner in those offence and as such he prays for consideration of the pre-arrest bail of the Petitioner.
5. Learned counsel for the State on the other hand vehemently opposed the contention raised by the learned counsel for the Petitioner and inter alia, submitted that the deceased consumed poison at the instigation of the Petitioner and is amenable to the offence under Section 306 IPC which is not only heinous but grievous in nature.
6. In a case of suicide, the suicidal note assumes a great importance it being the last communication of the deceased. The recovery of the suicidal note in the instant case, attributes all that has been alleged in the FIR. The allegations clearly indicates that the Petitioner and the deceased had close relationship between them and it continued for years and their conduct as reveals gave an impression to the deceased that they would marry and lead a conjugal life. The very fact that the Petitioner took the deceased from her college away to Chahatapada where he hurled abuse at her, assaulted and damaged her mobile expressing that he would not marry her, could be the cause for commission of suicide. The Page 2 of 3 // 3 // proximity of commission of suicide pursuant to the overt act of the Petitioner is a strong circumstance to indict the element of abatement vis-à-vis the Petitioner. The offence being heinous and grave in nature and the allegations solely points to the present Petitioner, it is not desirable to admit the Petitioner by grant of anticipatory bail. Accordingly, the prayer for bail stands rejected.
(Chittaranjan Dash) Judge KC Bisoi Page 3 of 3