Allowed

Brahmananda Kanhar v. State of Odisha

Orissa HC8 Oct 2021BLAPL/5100/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to petitioners accused of murder under sections 147, 148, 302, 201, and 149 of the IPC. The court accepted submissions that their role was limited to aiding concealment rather than dealing a fatal blow and released them on standard bail conditions.

What did the court decide?

Petitioners released on bail with conditions to report before the investigating court on Mondays and appear on each date of case posting until trial conclusion.

Brahmananda Kanhar 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.5100 of 2021

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Brahmananda Kanhar & Others …. Petitioners

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Mr. Amulya Ratna Panda, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. S.K. Nayak, AGA

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CORAM:

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MR. JUSTICE D.DASH

ORDER

08.10.2021

Order No.

This matter is taken up through hybrid arrangement (virtual/physical mode).

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The Petitioners being in custody in connection with Gochhapada P.S. Case No.27 of 2021 corresponding to C.T. Case No.164 of 2021 on the file of learned S.D.J.M., Phulbani running for commission of offence under sections 147/148/302/201/149, I.P.C. have filed this application under section 439 of the Cr.P.C. for their release on bail.

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Learned counsel for the Petitioners submits that these Petitioners on hearing the hullah and cry of Dasarathi Kanhar having gone to the house of Dasarathi Kanhar, who with his wife had been tied by means of rope by the deceased and his two associates; they have been implicated in this case as to have assaulted the deceased to death and made all the attempts to conceal the dead body. He further submits that the statement in course of investigation having been recorded, the role of

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these Petitioners does not come on the score of dealing any fatal blow upon the deceased and their role is said to be limited to the extent of helping Dasarathi in the concealment of the dead body. It is submitted that the Petitioners having responded of the cry of Dasarathi and others who were under the clutches of deceased Tituna and his associates for help in fighting to save themselves have been the victim of the circumstance. In view of all these above, when there remains no scope on the part of the Petitioners to flee from justice and tamper the evidence, he urges for grant of bail to these Petitioners.

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Learned counsel for the State opposes the move. According to him, as the investigation of the case when is still going on, it is too premature a stage to take a view as submitted by the learned counsel for the Petitioners. In view of the presence of the Petitioners at the scene of crime, placing the post mortem report, he submits that the deceased having died on account of fatal injuries on his head, prima facie complicity of the Petitioners stand.

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Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances including the period of detention of the Petitioner in custody and on going through the order passed by the learned District & Sessions Judge; it is directed that the Petitioners 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 with further conditions that they will report before the IIC, Gochhapada P.S. on every Monday in between 10 am to 02 pm for a period of six months; will appear in person before the

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court in seisin of the case on each date of posting of the case till conclusion of the trial; and will not indulge themselves in any criminal activity.

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Violation of any of the above condition(s) shall entail cancellation of bail.

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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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(D.Dash)

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Judge

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Brahmananda Kanhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Brahmananda Kanhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

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