Rashmita Gouda Vs State of Odisha

This bail application under Section 439 of the Cr.P.C. arising out of S.T. Case No.124 of 2023 corresponding to G.R. Case No.358 of 2023 in connection with Sheragada P.S Case No.345 of 2023 pending in the Court of learned Addl. Sessions Judge, Aska is taken up for consideration.

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I have already heard from the learned Counsel for the petitioner and the learned AGA for the State.

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The lady-petitioner is facing trial in the Court of learned Addl. Sessions Judge, Aska in S.T. Case No.124 of 2023 having been charged under Sections 302 and 307 of the IPC, 1860 on the allegation of commission of murder of her two minor children throwing them into the well of her village as well as attempting to commit murder of her another minor child on 2/3.07.2023 night during the absence of her husband.

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Page 1 of 4.

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As per the case of the prosecution, on dated 02.07.2023 night, there was phone calls between the petitioner and her husband, as, her husband was staying at Chennai and during their conversations over phone, there was hot takings between them and the petitioner was suspecting about her husband’s extra marital relationship with a lady, for which, the petitioner annoyed and being frustrated decided to kill herself and her three minor children jumping into the water of her village well.

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So, in that night, at about 1 AM, she (petitioner) took her three minor children to near the village well and firstly threw her eldest daughter Gunjan and then to her other two minor children i.e. Alisha and Ashis into the said well and lastly, she (petitioner) jumped into that well, but, fortunately, her eldest daughter Gunjan Gouda aged about 9 years caught the rock inside the well and shouted for help. The petitioner also caught the rock inside the well and after hearing the shout of Gunjan from the well, the nearby house owners came there and rescued the petitioner and her eldest daughter Gunjan from the well, but, the above two minor children of the petitioner i.e. Ashis and Alisha expired on drowning in the water of the well.

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Thereafter, the father-in-law of the petitioner lodged FIR against the petitioner and basing upon such FIR, the case was registered and investigation was started.

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During investigation, the petitioner was arrested on dated 04.07.2023 and was forwarded to the Court after being booked under Section 302 and 307 of the IPC, 1860 on the allegation of commission of murder of her two minor children and attempting to

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Page 2 of 4.

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commit murder of her eldest daughter Gunjan. Accordingly, since 04.07.2023, the petitioner is in custody.

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The learned counsel for the petitioner submitted for liberal consideration of her bail contending that, she (petitioner) is a lady and out of frustration and being harassed by her husband due to keeping extramarital relationship by her husband with an another lady and for non-providing of anything for their maintenance, she (petitioner) had attempted to commit suicide along with her children, to which, the learned AGA for the State objected contending that, as the petitioner has committed murder of her two minor children, for which, she (petitioner) should not be allowed to go on bail.

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When the petitioner is a lady and when she (petitioner) is in custody since 04.07.2023 and when the trial of the case against her is going on in the Court of learned Addl. Sessions Judge, Aska vide S.T. No.124 of 2023 since 26.04.2023 and when till yet, only 7 witnesses out of 34 numbers of charge-sheeted witnesses have been examined and when there is no possibility of the completion of the trial of the case in a near future and when the elder daughter of the petitioner aged about 10 years is required to be nourished by the petitioner-mother in her present age, then, by applying the beneficial provision for the ladies envisaged in proviso of Section of 437 of the Cr.P.C., it is felt proper to allow the petitioner to go on bail instead of rejecting her bail application.

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Hence, the bail application filed by the petitioner is allowed.

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She (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Addl. Sessions Judge, Aska with conditions that:-

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Page 3 of 4.

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(i) she (petitioner) shall not involve with similar nature of crime in future;

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(ii) she (petitioner) shall appear before the Trial Court personally on each date of adjournment of the case without fail till its conclusion;

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(iii) she (petitioner) shall not terrorize, coerce, influence or threat to the witnesses of the prosecution & informant and his family members including the injured either directly or indirectly in any manner whatsoever during trial of the case, but, in case of her failure to comply any of the aforesaid conditions, the learned trial court in seisin over the matter is authorized to cancel her bail order outrightly without seeking any permission for the same from this Court.

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