Indian Kanoon - Search engine for Indian Law

Orissa High Court

Karam Suba vs State Of Odisha .... Opposite Party on 5 December, 2024

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                          BLAPL NO.10873 OF 2024
            Karam Suba                             ....             Petitioner
                                                        Represented By Adv.
                                                          -Mr.Asit Ku. Jena.
                                        -versus-
            State of Odisha                        ....     Opposite Party
                                                    Represented By Adv.
                                           -Mr. Tapas Ku. Acharya, ASC.
                                   CORAM:
                    HON'BLE MR. JUSTICE A.C. BEHERA
                                     ORDER

Order No.                           05.12.2024
   05.      1.      This matter is taken up through hybrid arrangement
            (Virtual/ Physical) mode.

2. This bail application under section 439 of Cr.P.C, 1973 of the Petitioner arising out of G.R. Case No.222 of 2024 in connection with Motu P.S. Case No.58 of 2024 is taken up for consideration.

3. Heard from the learned Counsel for the Petitioner and learned Additional Standing Counsel for the State.

4. The Petitioner is in jail custody since 27.03.2024 having been implicated under Section-302 of the IPC, 1860 r/w Section- 4 of the Odisha Prevention of Witch Hunting Act, on the allegations alleged against him that, the Petitioner and the deceased both belong to Adivasi Community. On dated 20.03.2024, there was a dance programme in their community, in which, the deceased and the Petitioner both had participated and during the course of dancing, the Petitioner assaulted the deceased through an iron rod and by the result of which, the deceased sustained injuries and then, the deceased went to the Motu Police Station and lodged F.I.R. against the Petitioner.

Basing upon such F.I.R., Motu P.S. Case No.58 of 2024 dated 21.03.2024 was registered against the Petitioner and investigation was started.

During investigation, the Informant/injured was sent to the hospital by the police for his medical examination and after his medical examination on dated 21.03.2024, the deceased went to his house and while he(deceased) was in his house, he(deceased) expired on 24.03.2024.

5. Thereafter, the case, which was registered against the Petitioner on the basis of the F.I.R. lodged by the deceased was turned from Section-294/323/506/34 of the IPC, 1860 to under Section-302 of the IPC, 1860 and Section-4 of the Odisha Prevention of Witch Hunting Act and the investigation was continued for the offence, i.e., murder.

Thereafter, the Petitioner was arrested on 27.03.2024 and was forwarded to the Court after being booked under Section- 302 of the IPC and Section-4 of the Odisha Prevention of Witch Hunting Act and since then, he (Petitioner) is in custody.

7. The learned counsel for the Petitioner submitted for liberal consideration of his bail contending that, during the staying of the Petitioner inside the jail, the investigation of the case has already been completed, due to submission of the charge-sheet on 24.07.2024 and the postmortem report of the deceased does not reveal about his homicidal nature of death, to which, the learned Additional Standing Counsel vehemently objected contending that, previously for two times, the petitioner had threatened the deceased to kill, for which, he (Petitioner) should not be allowed to go on bail.

When, death of the deceased has occurred, three days after the alleged incident, while he was in his house after lodging the F.I.R. and after coming from the hospital on 21.03.2024 and when cause of death of the deceased has been shown in the Post- mortem report as natural and when during the staying of the petitioner inside the jail, the investigation of the case has already been completed due to submission of charge-sheet, then at this juncture, by taking the above factors into account, I find no justification to disallow the prayer for bail of the petitioner.

Therefore, the bail application filed by the Petitioner is allowed.

He (Petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that:-

(i) he (Petitioner) shall not involve with similar nature of crime in future.

(ii) he (Petitioner) shall remain present personally on each date of adjournment of the trial Court till its conclusion.

(iii) he (Petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the victim/informant and her family members either directly or indirectly in any manner whatsoever at any stage of the trial of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial Court is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court.

8. Accordingly, the bail application of the Petitioner is disposed of finally.

Digitally Signed 9. Grant certified copy of this order to the Petitioner on Signed by: NARAYAN HO Designation: Personal Assistant proper application. Reason: Authentication Location: OHC Date: 06-Dec-2024 11:30:41 (A.C. Behera), Judge.

Narayan Page 3 of 3