S.Krishna Vs State of Odisha — Orissa HC (2024) — LawSathi Research

S.Krishna Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMC disposed of with liberty to the Petitioners to raise all grounds at the time of framing of charge by filing an application; conditional direction that if the Petitioners surrender and move for bail before the learned S.D.J.M., Chhatrapur in G.R.Case No.245 of 2020 arising out of Marine P.S. Case No.13 of 2024 within three weeks, they shall be released on bail on terms the learned Magistrate deems just and proper, subject to verification of injury and criminal antecedents, with the direction not to take effect if injuries are grievous or similar antecedents exist.

Issue for consideration

Whether the Petitioners - initially released on anticipatory bail, against whom a charge sheet was later filed adding the higher offence under Section 307 IPC - are entitled to anticipatory bail / release on bail.

Court's answer

Considering the seriousness of the allegation, gravity of the offence and the fact of the case, the Court was not inclined to grant anticipatory bail to the Petitioners.

Ratio / Principle

In the event the Petitioners surrender and move for bail before the learned S.D.J.M., Chhatrapur in G.R.Case No.245 of 2020 arising out of Marine P.S. Case No.13 of 2024 within a period of three weeks, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

Key takeaways

The release on bail is made subject to verification of the injury sustained by the injured and of the Petitioners' criminal antecedents.ratio¶16
The bail direction shall not be given effect to if the injuries sustained by the injured are found to be grievous in nature or the Petitioners are having any criminal antecedent of a similar nature.ratio¶18
Since the Petitioners did not want to press the application at that juncture, the CRLMC was disposed of with liberty to raise all grounds at the time of framing of charge by filing an application.ratio

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Aditya Kumar Mohapatra, Judge) - CRLMC No.2934 of 2024, order dated 16.08.2024: Eighteen Petitioners, earlier released on anticipatory bail and thereafter charge-sheeted with the added higher offence under Section 307 IPC, chose not to press the application; the CRLMC was disposed of with liberty to raise all grounds at the time of framing of charge by filing an application. Declining anticipatory bail in view of the seriousness of the allegation and gravity of the offence, the Court observed that if the Petitioners surrender and move for bail before the learned S.D.J.M., Chhatrapur in G.R.Case No.245 of 2020 arising out of Marine P.S. Case No.13 of 2024 within three weeks, they shall be released on bail on terms and conditions the learned Magistrate deems just and proper, subject to verification of injury and criminal antecedents; the direction shall not be given effect to if the injuries are grievous in nature or the Petitioners have criminal antecedents of a similar nature.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2934 of 2024

1) S.krishna ..... Appellants 2) D. Venketesu Represented By Adv. - 3) Ch. Bairagi Prasanta Kumar Nanda 4) G. Gareya 5) S.bikram 6) W.sanyasi 7) G.papa Rao 8) K.ramaya 9) G.lacheya 10) A.mohan Rao 11) G.jogeya 12) A.kamaraju 13) K.raja 14) M.surendra 15) R.haitanya 16) G.satyam Kumar Rao 17) Chakrapai Jena 18) A.sanyasi

-versus-

State Of Odisha ..... Respondent Represented By Adv. -

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

16.08.2024

Order No.

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

Page 1 of 3 .

Learned counsel for the Petitioners do not want to press this application at this juncture with liberty to raise all the grounds at the time of framing of charge by filing an application.

CRLMC is disposed of with the liberty as prayed for.

Learned counsel for the Petitioners submitted that initially the Petitioners were released on anticipatory bail. However Charge Sheet was filed by adding a higher offence under section 307 of the Indian Penal Code. He further contended that although the Petitioners have been summoned to appear before the court below, they did not appear before the Court on the apprehension that they might be abscond. He further contended that the injuries sustained by the injured are simple in nature.

Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioners however it is observed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M., Chhatrapur in G.R.Case No.245 of 2020 arising out of Marine P.S. Case No.13 of 2024 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the verification of injury and criminal antecedents. In the event it is found that the injuries sustained by the injured are grievous in nature

Page 2 of 3 .

and the Petitioners are having any criminal antecedent of similar nature, this order shall not be given effect to.

The CRLMC is disposed of accordingly.

Issue urgent certified copy of this order as per

Rules.

( ADITYA KUMAR MOHAPATRA) JUDGE

RKS

Page Signature Not Verified 3 of 3 .

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 21-Aug-2024 14:49:45