Kulu @ Srikanta Kumar Padhi Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Kulu @ Srikanta Kumar Padhi Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Released on bail on terms to be fixed by the learned Court in seisin; to appear before the jurisdictional police station once every three months till conclusion of trial with certification submitted to the Court in seisin; directed not to intimidate witnesses; prosecution free to seek variance of the order upon any threat perception.

Issue for consideration

Whether the Petitioner, an accused in S.T. Case No.50/275 of 2023 (arising out of Ranpur P.S. Case No.168 of 2023) charged inter alia under Sections 498-A/304-B/306/406/34 IPC read with Section 4 of the D.P. Act and in custody since 26.06.2023, should be released on bail.

Court's answer

Considering the nature of allegations qua the Petitioner, who is the brother-in-law, and the post-mortem report, the Court directs that the Petitioner be released on bail on such terms to be fixed by the Court in seisin.

Ratio / Principle

As an additional direction, the Petitioner shall appear before the jurisdictional police station once every three months, on date and time fixed by the learned Court in seisin, till conclusion of trial, with certification of such appearance submitted to the Court in seisin.

Key takeaways

The Petitioner shall not in any way try to intimidate the witnesses.ratio¶26
It shall be open to the prosecution to seek variance of this order in the event of any threat perception.ratio¶27

Detailed headnote1 paragraphs

Bail granted — High Court of Orissa at Cuttack, Justice V. Narasingh, Order No.02 dated 16.04.2024, BLAPL No.1596 of 2024 (Kulu @ Srikanta Kumar Padhi v. State of Odisha). Petitioner, described by the Court as the brother-in-law, is an accused in S.T. Case No.50/275 of 2023 before the Addl. Sessions Judge, Nayagarh, arising out of Ranpur P.S. Case No.168 of 2023, charged inter alia under Sections 498-A/304-B/306/406/34 IPC read with Section 4 of the D.P. Act; in custody since 26.06.2023; charge sheet filed 02.03.2024. His earlier BLAPL No.9989 of 2023 was rejected on 29.11.2023 (investigation stage), and his S.439 Cr.P.C. bail application was rejected by the Addl. Sessions Judge, Nayagarh on 25.01.2024. Considering the nature of allegations and the post-mortem report, the Court directed release on bail on terms to be fixed by the Court in seisin, with quarterly reporting to the jurisdictional police station till conclusion of trial (certification to the Court), a direction not to intimidate witnesses, and liberty to the prosecution to seek variance upon any threat perception.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1596 of 2024

Kulu @ Srikanta Kumar Padhi

Petitioner

Mr. J. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. T.K. Praharaj, SC Mr. K. Pradhan, Adv (Informant)

CORAM: JUSTICE V. NARASINGH

ORDER

16.04.2024

Order No.

Learned counsel Mr. K. Pradhan and associates have filed Vakalatnama on behalf of the Informant. The same is taken on record. Name of Mr. Pradhan and associates be reflected in the file as well as in the cause list and in the web portal of this Court.

Heard learned counsel for the Petitioner, learned counsel for the informant and learned counsel for the State.

The Petitioner is an accused in connection with S.T. Case No.50/275 of 2023 pending on the file of learned Addl. Sessions Judge, Nayagarh, arising out of Ranpur P.S. Case No.168 of 2023 .

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Nayagarh by order dated 25.01.2024 in the aforementioned case, the present BLAPL has been filed.

Page 1 of 2

This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner was rejected by order dated 29.11.2023 in BLAPL No.9989 of 2023 since the same was during the currency of investigation.

It is submitted by the learned counsel that Petitioner is in custody since 26.06.2023 and as charge sheet has been filed on 02.03.2024 inter alia U/s.498-A/304-B/306/406/34 of IPC read with Section 4 of D.P. Act, he may be released on bail.

Learned counsel for the State as well as informant opposes the prayer for bail.

Considering the nature of allegations qua the Petitioner, who is the brother-in-law and the post-mortem report, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every three months on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Further, it is directed that the Petitioner shall not in any way try to intimidate the witnesses.

It shall be open to the prosecution to seek variance of this order, in the event there is any threat perception.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Apr-2024 11:20:17

(V. NARASINGH) Judge

Santoshi

Page 2 of 2