Partly allowed

Dhoba Gouda v. State of Odisha

Orissa HC26 Aug 2020BLAPL/916/2020

Case brief

AI extract

What is this about?

This bail application was filed by in-laws and brother-in-law of the deceased in a case involving murder and dowry harassment. The court rejected bail for the father-in-law due to the nature of the charge and circumstances but granted bail to the mother-in-law and brother-in-law considering the duration of detention.

What did the court decide?

Death and bruising injuries case involving accused persons. Bail application for petitioners nos.2 and 3 allowed on bail bond of Rs.20,000 with sureties. Bail for petitioner no.1 rejected.

Dhoba Gouda Vs State of Odisha — Dowry and Cruelty | Orissa HC (2020)

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BLAPL No. 916 of 2020

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1. Dhoba Gouda

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2. Smt.Damayanti Gouda

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3. Jagabandhu Gouda … PETITIONERS

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

26.08.2020 The matter is taken up through Video Conferencing.

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Heard learned counsel for the petitioners and learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Buguda P.S.Case No.174 of 2018 corresponding to S.T. Case No. 180 of 2019 pending in the file of learned Addl. Sessions Judge, Bhanjanagar for alleged commission of offences under sections 498-A, 304-B, 302/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

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The prayer for bail of the petitioners was rejected by the learned Addl. Sessions Judge, Bhanjanagar vide order dated 07.01.2020.

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Learned counsel for the petitioners submitted that petitioner no.1 is the father-in-law, petitioner no.2 is the mother-in-law and petitioner no.3 is the brother-inlaw of the deceased Sugeni Gouda. It is submitted the marriage of the deceased with the son of the petitioner nos.1 and 2, namely, Balia Gouda was solemnized on 07.03.2018 and the occurrence in question took place on 02.08.2018 and the cause of death as per the post

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mortem report is smothering and there is no clinching material on record available against the petitioners and the dead body of the deceased was found lying on a bed and the husband of the deceased is already in custody and therefore, the bail application of the petitioners may be favourably considered.

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Learned counsel for the State on the other hand produced the case diary and submitted that the petitioner no.1, who is the father-in-law of the deceased went to the house of the deceased and informed that the deceased committed suicide by hanging herself, but no ligature mark around the neck of the deceased was noticed as per the post mortem report. He further submitted that there are materials to show that the accused persons demanded dowry and also subjected the deceased to torture on account of non-fulfillment of demand of dowry.

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Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner no.1 and the surrounding circumstances under which the death took place and the post mortem report findings, I am not inclined to release petitioner no.1 on bail and accordingly, the prayer for bail of petitioner no.1- Dhoba Gouda stands rejected.

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So far as petitioner nos.2 and 3 are concerned, taking into account the nature of allegations against them and the period of their detention in judicial custody, I am inclined to release them on bail.

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Let the petitioners Nos. 2 and 3, namely, Smt. Damayanti Gouda and Jagabandhu Glouda 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.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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…………………..…… S.K. Sahoo, J.

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PKSahoo

Dhoba Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dhoba Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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