The High Court released the petitioner on bail under section 439 Cr.P.C. in a case involving hypothetical murder and dowry harassment, considering the trial progress and surrounding circumstances.
Release of the petitioner on bail by furnishing a bond of Rs. 20,000 with two solvent sureties.
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BLAPL No.2167 of 2019
02. 02.04.2019
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 C.T. No.213 of 2018 arising out of Sahid Nagar P.S. Case No.277 of 2018 pending in the Court of learned Addl. Sessions Judge, Bhubaneswar for offences punishable under sections 498-A/304-B/302/109/34 of Indian Penal Code read with section 4 of the Dowry Prohibition Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Bhubaneswar which was rejected on 25.02.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 16.06.2018 and he has been charge sheeted under sections 498-A/304B/302/109/34 of Indian Penal Code read with section 4 of the Dowry Prohibition Act. It is further submitted that the marriage of the petitioner and the deceased Deepika Rana was solemnized on 19.01.2015 and two months prior to the occurrence which took place on 14.06.2018, the petitioner and the deceased were staying separately from other family members on account of dispute in a rented house in village Basuaghai and the petitioner used to take liquor and on the date of occurrence during night hours, he came to the house in a drunken condition and there was exchange of hot words between the couple and the petitioner slapped the deceased who fell on the front door and her head was hit on the tower bolt leading to bleeding injury then she
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was taken to the hospital where she was declared dead. It is also submitted by the learned counsel for the petitioner that in the surrounding circumstances under which the offence alleged to have taken place, the ingredients of offence under section 302 of the Indian Penal Code are not attracted and in the meantime trial has commenced and some witnesses have been examined and therefore, the bail application may be favourably considered. He has annexed the deposition copies of the witnesses to the bail application.
Learned counsel for the State opposes the prayer for bail and placed the post mortem report which indicates that the cause of death of the deceased was on account of hemorrhage and shock.
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Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioner, surrounding circumstances under which the occurrence took place, the conduct of the petitioner in shifting the deceased to the hospital after the incident to save her life and and also taking into account the period of detention of the petitioner in judicial custody so also the progress of trial, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond 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
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Court may deem just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
………………….. S. K. Sahoo, J.
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1 issue framed by the court
Whether bail should be granted to the accused under section 439 Cr.P.C. in a case involving offences under section 302 IPC and section 4 Dowry Prohibition Act.
3 provisions across 3 enactments
The Petitioner
The State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
