Allowed

Babuna @ Kartik Das v. State of Odisha

Orissa HC6 Aug 2021BLAPL/3629/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. for offences under Sections 147, 148, 302 and 149 IPC, the High Court of Orissa granted release on bail to the petitioner, considering the completion of investigation, general role compared to a principal offender, and bail granted to co-accused.

What did the court decide?

Petitioner released on bail in Khandagiri P.S. Case No.540 of 2020 on such terms as deemed fit by the court.

Babuna @ Kartik Das Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.3629 of 2021

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Babuna @ Kartik Das …. Petitioner

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Mr.Sanjay Kumar Das (2), Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. Deepak Ranjan Parida, SC

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CORAM:

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MR. JUSTICE D.DASH

ORDER 06.08.2021

Order No.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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The Petitioner being in custody in connection with Khandagiri P.S. Case No.540 of 2020 corresponding to C.T. Case No.3750 of 2020 on the file of learned S.D.J.M., Bhubaneswar running for commission of offence under sections 147/148/302/149 of the IPC, has filed this application under section 439 of the Cr.P.C. for his release on bail.

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Learned counsel for the Petitioner submits that this Petitioner being arrested in the case is in custody since 25.10.2020 and in the meantime, the investigation of the case being complete, charge sheet has been submitted. He further submits that the eye witnesses, namely, Bhagirathi Das and others have pin pointedly implicated accused Rinku Maharana

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to have assaulted on the head of the deceased with an axe, which has ultimately proved to be fatal whereas in so far as this Petitioner and other co-accused persons are concerned, it is stated in a general manner that they all had assaulted the deceased by giving fist and kick blows. He further submits that co-accused persons, namely, Ranjan Das and Siba Das with whom this Petitioner is similarly situated in respect of role in the incident as alleged have in the meantime been have been released on bail by orders dated 3.4.2021 and 5.4.2021 passed by this Court in BLAPL No.8767 of 2020 and BLAPL No.1869 of 2021 respectively. In view of all these above, he urges for grant of bail to the Petitioner as according to him, further detention of the Petitioner in custody till conclusion of the trial would serve no useful purpose especially when there also stands no scope for the Petitioner from fleeing justice or tamper the evidence.

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Learned counsel for the State opposes the move. He submits that the deceased in total sustained seven injuries and the cause of death has been opined to be septicemia and shock. It is submitted that even for the role played by that accused Rinku in giving the fatal blow upon the deceased, the Petitioner’s with the aid of section 149 of the IPC cannot wriggle out of his liability for the offence under section 302 of the IPC.

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Considering the submissions made; further keeping in view the nature of accusation and the overt act attributed to the

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Petitioner and taking into account other surrounding circumstances including the period of detention fo the Petitioner in custody as also the factum of grant of bail to co-accused persons, namely, Ranjan and Siba, I am inclined to grant bail to the Petitioner. Accordingly, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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Basu

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(D.Dash)
Judge

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Babuna @ Kartik Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babuna @ Kartik Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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