Karnna @ Amulya Kumar Swain v. State of Odisha
High Court of Orissa at Cuttack – ABLAPL No.6808 of 2024 (decided 16.07.2024)
Case brief
What is this about?
Orissa High Court, Cuttack; ABLAPL No.6808 of 2024; Justice Aditya Kumar Mohapatra; anticipatory bail; Section 438 Cr.P.C. not applicable / not maintainable where offence involves Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; offences under Sections 294/323/341/354/34 IPC and Sections 3(l)(r)/3(1)(s)/3(2)(va) SC & ST (PoA) Act; reliance on this Court's earlier decision Pramod Kumar Ray vrs. State of Odisha, (2017) 67 OCR 309; surrender by 05.08.2024 before P.O., Special Court S.C. & S.T., Cuttack; C.T. Case No.136/2024 arising out of Tangi P.S. Case No.142 of 2024; notice to victim via Public Prosecutor; same-day disposal by court in seisin; interim protection from arrest until surrender.
What did the court decide?
No anticipatory bail release ordered; application disposed of with directions — petitioner protected from arrest until stipulated surrender on or before 05.08.2024, then to surrender before the Special Court S.C. & S.T., Cuttack for consideration and same-day disposal of his bail application.