Dismissed¶18

Karma Tudu v. the State of Jharkhand

Jharkhand HC7 Aug 2024B.A./5151/2024

Case brief

AI extract

What is this about?

Jharkhand High Court at Ranchi; B.A. No. 5151 of 2024; bail application rejected by Subhash Chand, J. on 7 August 2024; petitioner Karma Tudu; deceased Manisha Devi; rape and murder; Giridih (M) P.S. Case No. 330 of 2023; sections 302/201/34; Section 161 Code of Criminal Procedure; Section 27 Indian Evidence Act, 1872; confessional statement; call detail records; mobile Nos. 9263495812 and 7368855324; motorcycle No. JH11AB3283; co-accused Bhutu Lal Marandi; witness Sanjay Murmu; postmortem corroboration; village Gamhara; Bandarkupi market; Giridih.

What did the court decide?

In view of the submissions and materials on record, the bail application of the petitioner Karma Tudu is rejected. ¶18

Karma Tudu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶18

Issue for consideration

Whether the petitioner Karma Tudu should be released on bail in connection with Giridih (M) P.S. Case No. 330 of 2023, registered under sections 302/201/34 and pending before the learned Sub Divisional Judicial Magistrate, Giridih.

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Court's answer

In view of the submissions and materials on record, the bail application of the petitioner Karma Tudu is rejected.

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Ratio / Principle

In considering bail, the Court took into account the petitioner's confessional statement (stated to be admissible under Section 27 of the Indian Evidence Act, 1872) and the corroboration of the prosecution story by the registered owner of the motorcycle and the postmortem report.

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Detailed headnote1 paragraphs

Bail refused. The petitioner sought bail in Giridih (M) P.S. Case No. 330 of 2023 under sections 302/201/34, pending before the learned Sub Divisional Judicial Magistrate, Giridih. Prosecution case: the body of Manisha Devi was found half-naked in a pool of blood in a jungle at village Gamhara on 19.10.2023, it appearing she was raped and murdered; her brother Vijay Kisku identified the body and stated under Section 161 CrPC that she had left for Bandarkupi market on 18.10.2023. Call detail records linked the deceased's phone to mobile No. 9263495812 belonging to the petitioner Karma Tudu, which was in contact with mobile No. 7368855324 belonging to Bhutu Lal Marandi. The petitioner was nabbed and allegedly confessed that he took the deceased on motorcycle No. JH11AB3283, and that he and Bhutu Lal Marandi committed rape upon her and then murdered her because she threatened to disclose the occurrence; on the confessional statement the motorcycle was recovered from his house, the statement being stated to be admissible under Section 27 of the Indian Evidence Act, 1872. The registered owner of the motorcycle (Sanjay Murmu) and the postmortem report were noted to corroborate the prosecution story. Holding that, in view of the submissions and materials on record, the bail application was rejected (Subhash Chand, J.; order dated 7 August 2024).

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5151 of 2024

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Karma Tudu, age 36 years, son of Lalu Tudu, resident of Village Durgapahri, P.O. Handaadih, P.S. Giridih(M), District Giridih, Jharkhand ...... Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Prabhash Ch. Sinha, Advocate For the State : Mr. Manoj Kumar Mishra, APP

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Order No.05 /Dated: 7^th August, 2024

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Heard learned counsel for the petitioner and learned APP for the State. 2. This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Giridih (M) P.S. Case No.330 of 2023, registered under sections 302/ 201/ 34, pending in the court of learned Sub Divisional Judicial Magistrate, Giridih.

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The FIR of this case was lodged against unknown miscreants with these allegations that on 19.10.2023 at 09:00 O’clock, the informantChowkidar received information that in a jungle of village Gamhara, a dead body of one female was lying. He reached there and found the dead body of a unknown female half-naked. The age of the deceased was around 30-35 years. The body was lying in the pool of blood sustaining injuries on several parts of the body and thereby that dead body, cloths, broken bengle and one pair sleeper were found. It appeared that after committing rape upon the female, the murder was committed.

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During investigation, the dead body of unknown lady was identified to be of Manisha Devi by her brother Vijay Kisku who in his statement recorded under Section 161 of the Code of Criminal Procedure stated that his sister Manisha Devi had been residing with him along with children at village Madanpur Bhaluai after death of his brother-in-law five years ago. On 18.10.2023 in the morning, she was talking over the phone with someone and told that she was to go to Bandarkupi market. It was told by her that thereafter she would also go to her in-law’s house. His sister was having mobile phone bearing No.6287727304. When the phone of his sister came switched off, he made queries to her in-laws’ house but response came in negative. During search, he came to know that a dead body was found near jungle of village

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Gamhara and on identification it was found to be of his sister. The call details of mobile phone of deceased was collected by the Investigating Officer. On the basis of the same, it came to know that the deceased used to talk from her mobile phone over the mobile phone No.9263495812 and the last call was in between 08:14 to 08:28 of 18.10.2023. Thereafter, on the basis of call details of mobile phone NO.9263495812, it came to know that the talk was exchanged with the mobile phone No.7368855324 and it came to know that the mobile phone No.9263495812 belong to Karma Tudu while the mobile phone No.7368855324 belong to Bhutu Lal Marandi.

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Karma Tudu was nabbed by the Investigating Officer and he confessed his guilt and stated that he had asked the deceased over the mobile phone to come to Bandarkupi Bazar and he also taken the motorcycle bearing registration No.JH11AB3283 from his friend Sanjay Murmu and by the same motorcycle he took the deceased with him and decided to establish physical relation with her under Mahua Tree in jungle. He also asked his friend Bhutulal Marandi to bring some bedsheet who could not bring the same and, thereafter, leaving his friend with the deceased he went to bring bedsheet but, in the meantime, he came to know that this Bhutu Lal Marandi raped the deceased and was found lying in drain. She was brought out from drain and, thereafter, he and Bhutu Lal Marandi, who committed rape upon her ultimately committed her murder as she had told that she would disclose in regard to the said occurrence and on this confessional statement of this Karma Tudu, the motorcycle was also recovered from his house. This confessional statement of Karma Tudu becomes admissible under Section 27 of the Indian Evidence Act, 1872.

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The registered owner of the motorcycle is Sanjay Murmu, who also corroborated the story that it was Karma Tudu, who had taken his motorcycle saying that he would go to Bandarkupi Bazar. The postmortem report corroborates the prosecution story.

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In view of the submissions and materials on record, the bail application of the petitioner is hereby rejected.

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(Subhash Chand, J.)

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Madhav/-

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Karma Tudu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Karma Tudu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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