Allowed

Karnam Ramakrishna v. State of Odisha

Orissa HC11 May 2023BLAPL/1753/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner, an accused in a POCSO, rape, and cyber offense case, on stringent conditions. Despite the graveness of allegations, the court noted the victim's hostile deposition and released the petitioner who had been in custody for over two years, directing strict adherence to bail terms.

What did the court decide?

Release of the petitioner on bail upon furnishing a bond of Rs. 30,000 with two solvent sureties for the same amount.

Karnam Ramakrishna Vs State of Odisha — Child Custody and Guardianship | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1753 of 2023

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Karnam Ramakrishna

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Petitioner

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Mr. S.S. Ray 2 , Advocate

-versus-

Order No.

….
State of Odisha & another Opposite Parties
Mr. P.C. Das, A.S.C.
Mr. P. Ray, Advocate
for Informant
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
11.05.2023

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

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Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary and statements of the witnesses as well as their deposition before the Court below which have been annexed to the bail application.

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This is an application under Section 439 of the Criminal Procedure Code.

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The Petitioner is an accused in G.R. Case No.26 of 2020 arising out of Kasinagar P.S. Case No.59 of 2020 pending in the

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court of learned Addl. Sessions Judge-cum-Special Judge, Paralakhemundi for commission of offence punishable under Section 376-DA/506 of Indian Penal Code and read with Section 6 of POCSO Act and Section 67(a)/66(b) of I.T. Act.

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In the present bail application is the 2^nd journey of the petitioner to this Court. Earlier bail application of the Petitioner bearing BLAPL No.1154 of 2021 was rejected by this Court vide order dated 05.09.2022. While rejecting the bail application this Court persuaded by the fact that in the event, the Petitioner is released on bail there is a possibility of threatening the victim and her family members. However, in the meantime, the victim and her family members have been examined and it appears from their deposition they have not supported the prosecution.

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It is submitted by learned counsel for the Petitioner that the Petitioner in custody since 01.09.2020 i.e. more than 2 and half years. He further contended one co accused stands in a similar footing has already been released on bail by a coordinate bench of this Court in BLAPL No.1751 of 2023 disposed of on 10.05.2023. In such view of the matter, learned counsel for the Petitioner submitted that in the event the Petitioner is released on bail, the Petitioner will abide by any terms and conditions that will be imposed by this Court.

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Leaned Additional Standing Counsel for the State on the other hand opposes the bail application of the Petitioner on the ground that the allegation made in the FIR is very serious in nature. He further submitted that no doubt the victim and her family members have become hostile. However, there are ample materials to establish the

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// 3 //

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allegation made in the FIR. It is further contended by learned counsel for the State that in the event, the Petitioner is released on bail at this juncture, the same is caused delay in conclusion of the trial. On such ground learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

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Considering such submission made by learned counsels appearing for the parties and upon a conspectus surrounding facts and circumstances as well as the materials placed before this Court including the statement/ deposition of the witnesses which are on record and keeping in view the fact that the Petitioner in custody since 01.09.2020 and that the co-accused namely Kadagala Bhaskar Rao stands in a similar footing. The co-accused has been released on bail by a Coordinate Bench of this Court as indicated hereinabove. This Court is inclined to release the Petitioner on bail on stringent conditions. Accordingly, it is directed the Petitioner is released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

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It is open for the Court in seisin over the matter to impose other conditions as may be deemed just and proper. While imposing conditions the learned Court below shall also ensure that the Petitioner is being released on bail shall not harass, threaten or influence the victim and her family members in any manner. However, the Petitioner shall appear before the Trial Court on each and every date without fail.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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// 4 //

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10. The Bail Application is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application in course of the day.

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( A.K. Mohapatra ) Judge

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Anil

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ANIL KUMAR SAHOO

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Digitally signed by ANIL KUMAR SAHOO Date: 2023.05.12 11:31:56 +05'30'

Karnam Ramakrishna v. State of Odisha

Case brief

What is this about?

What did the court decide?

Karnam Ramakrishna v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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