In a bail application under Section 439 Cr.P.C. regarding offences under IPC including abetment to suicide, the High Court found absence of clinching material against the petitioner and granted bail on ₹20,000 security.
Petitioner to be released on bail on furnishing a bond of Rs.20,000 with two solvent sureties for the like amount.
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BLAPL No.3016 of 2017
01.9.2017 Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.336 o
f 2017 arising out of Koraput Sadar P.S. Case No.30 of 2017 pending in the Court of learned Se
ssions Judge cum- Special Judge, Koraput, Jeypore for offences punishable under sections 143/2
94/323/506/355/306 read with section 149 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Special Judge
, Koraput, Jeypore which was rejected on 12.04.2017.
Learned counsel for the petitioner submits that the petitioner is in custody since 06.04
.2017 and in the meantime after completion of investigation charge sheet has been submitted ag
ainst the petitioner under sections 143/294/323/506/355/306 read with section 149 of the Indi
an Penal Code. It is contended by the learned counsel for the petitioner that the deceased Jad
u Muduli had love affairs with one Daimati Gouda and when the family of Daimati Gouda settled
her marriage in another place, on the date of her marriage Daimati Gouda eloped with the decea
sed and they stayed outside for a week then they returned to the house of the deceased and the
reafter family members of Daimati Gouda demanded money from the deceased and also abused him a
nd assaulted him for which both of them attempted to commit suicide but Daimati
Gouda survived and the deceased died. Learned counsel for the petitioner submits that as per t
he 164 Cr.P.C. statement of Daimati Gouda, there is no overt act attributed against the petiti
oner and since there is no clinching material that the petitioner abetted the commission of su
icide of the deceased Jadu Muduli and taking into account the period of detention of the petit
ioner in judicial custody, the bail application of the petitioner may be favourably considered
.
Learned counsel for the State has produced the case diary and opposes the prayer for b
ail and placed the 164 Cr.P.C. statement of Daimati Gouda.
Considering the submissions of learned counsels for the respective parties, the na
ture of accusations against the petitioner, the 164 Cr.P.C. statement of Daimati Gouda, absenc
e of any clinching material against the petitioner to have abetted the commission of suicide a
nd also taking into account the period of detention of the petitioner in judicial custody, I a
m inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail b
ond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the
like amount to the satisfaction of the Court in seisin over the matter with further terms and
conditions as the learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.Urgent certified copy of this order be granted on proper application.3
2 issues framed by the court
Whether the petitioner is eligible for bail in a bail application under Section 439 Cr.P.C.
Whether the absence of clinching material against the petitioner to have abetted suicide warrants granting bail.
2 provisions across 2 enactments
Petitioner
State
High Court Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court