Mahendra Badaparaja @ Tukuna v. State of Odisha
Case brief
What is this about?
Orissa High Court (BLAPL No.9158 of 2023, order dated 20.02.2024, G. Satapathy, J.) rejected the Section 439 Cr.P.C. bail application of Mahendra Badaparaja @ Tukuna in R. Udayagiri P.S. Case No.01 of 2023 / G.R. Case No.01 of 2023 (pending before Addl. Sessions Judge-cum-Special Judge, Paralakhemundi) involving alleged rape, aggravated penetrative sexual assault and murder punishable under Sections 302/376(3)/506 IPC r/w Section 4 POCSO Act; reliance placed on gravity of offences, statement of parents of the deceased and PM report opinion suggesting forcible sexual intercourse to conclude a prima facie case. Counsel: S.K. Dash for petitioner; S.S. Kanungo, AGA for State; S.S. Sabat for informant (absent on hearing date).
What did the court decide?
Having considered the nature and gravity of the offences alleged, the accusations, the materials on record including the statement of the parents of the deceased and the Doctor's opinion in the PM report suggesting forcible sexual intercourse upon the victim, the Court found a prima facie case against the petitioner and was not inclined to grant bail.