Durjya Karkaria@Naik v. State of Orissa

BLAPL No.56 of 2016
04.04.2016

 Heard the learned counsel for the petitioner and the learned counsel for the S

tate.

 This is an application under Section 439 Cr.P.C. in connection with C.T. Case
No.154 of 2015, arising out of Chandili P.S. Case No.73 of 2015 pending in the Court of learne
d Sessions Judge, Rayagada for offences punishable under sections 498-A/302/304-B/34 of Indian
 Penal Code read with section 4 of Dowry Prohibition Act. The pe
titioner moved an application for bail before the learned Sessions Judge, Rayagada which was r
ejected on 11.12.2015.

 Learned counsel for the petitioner submits that the petitioner is the father-i
n-law of the deceased and he is in custody since 26.05.2015 and in the meantime after completi
on of investigation, charge-sheet has been submitted under sections 498-A/302/304-B/34 of Indi
an Penal Code read with section 4 of Dowry Prohibition Act. The learned counsel for the petiti
oner placed the statement of one Laxmi Hial and contended that the husband of the deceased sub
jected her to physical and mental torture in connection with the demand of dowry and the decea
sed has not alleged anything against the petitioner. The learned counsel for the petitioner fu
rther submits that the petitioner is aged about 60 years and the case has already been committ
ed to the Court of Session and therefore taking into account the period of detention of the pe
titioner in judicial custody, the bail application may be favourably considered.

 Learned counsel for the State on the other hand submitted that the marriage be
tween the son of the petitioner and the deceased was solemnized in January, 2015 and the decea
sed died on 24th May, 2015 and the cause of death of the deceased was on account of throttling
 and there are multiple abrasions around the neck of the deceased which was noticed at the tim
e of post-mortem. The learned counsel for the State placed the statement of one Sabar Marandi
and Alekh Suna who have stated about the physical and mental torture on the deceased by the pe
titioner.