This bail application under section 439 Cr.P.C. was filed by parents accuse of murdering their daughter-in-law. The High Court granted bail noting evidence relied on confessional statement and length of detention.
Petitioners released on bail by furnishing bail bond of Rs.20,000 each with two solvent sureties for the like amount.
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BLAPL No. 2330 of 2020
State of Odisha … Opp. party
conferencing.
Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.09 of 2020 arising out of Dharakote P.S. Case No.13 of 2020 pending in the Court of learned J.M.F.C., Aska for offences punishable under sections 498-A/302/34 of the Indian Penal Code.
The petitioners moved an application for bail before the Court of learned Addl. Sessions Judge, Aska which was rejected on 24.02.2020.
Learned counsel for the petitioners submitted that the petitioners are the parents-in-law of the deceased Pravasini Gouda and they are in judicial custody since 24.01.2020 and they have been charge sheeted under sections 498-A/302/34 of the Indian Penal Code and the husband of the deceased has also been arrested and he is now in judicial custody. It is further contended that the marriage of the son of the petitioners with the deceased was solemnized twelve years prior to the occurrence and it was a love
marriage and they were blessed with a daughter and the occurrence in question took place on 21.01.2020 and as per post mortem report, the cause of death was on account of strangulation and except the neck injury, no other injury was noticed on any other part of the body of the deceased. He further contended that except the confessional statement of the co-accused, who is the husband of the deceased, there is no other material against the petitioners and therefore, the bail application of the petitioners may be favourably considered.
Learned counsel for the State, on the other hand, produced the case diary and opposed the prayer for bail and submitted that the occurrence took place in the house of the petitioners and therefore, there is no direct evidence in the case. However, he submitted that as per the confessional statement of co-accused husband before police, the petitioners also played some role on the death of the deceased.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the fact that the implication of the petitioners is based on the confessional statement of co-accused and taking into account the period of detention of the petitioners in judicial custody, I am inclined to release the
petitioners on bail.
Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) each with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of. Urgent certified copy of this order is granted on proper application.
…………………..……
S.K. Sahoo, J.
RKM
3 issues framed by the court
Whether the petitioners accused of offences under sections 498-A/302/34 IPC should be granted bail given the implication based on co-accused's confessional statement.
Whether the length of detention in judicial custody warrants bail for the petitioners.
Whether the nature of accusation against the petitioners satisfies the requirements for bail release.
1 provisions across 1 enactments
Nira @ Niranjan Gouda and Rangabati Gouda
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
