Kartik Chandra Mahalik Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

Kartik Chandra Mahalik Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail effectively granted to Petitioner Nos.1, 4 & 5 (Kartik Chandra Mahalik, Purna Chandra Jena and Suresh Jena) subject to surrender within three weeks and moving for bail, with release on terms deemed just and proper and an obligation to cooperate with the ongoing investigation; the ABLAPL was not entertained for Petitioner Nos.2 & 3, who remain at liberty to surrender and seek bail on merits. The ABLAPL stands disposed of.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest (anticipatory) bail in connection with C.T. Case No.553 of 2023, arising out of Basta P.S. Case No.230 of 2023, pending before the Special Judge (POCSO), Balasore.

Court's answer

Having gone through the essence of the victim's Section 164 Cr.P.C. statement, the Court was not inclined to entertain the ABLAPL in respect of Petitioner Nos.2 & 3 (Bapi @ Kamalakanta Mahalik and Kalia @ Kalicharan Mahalik); however, if they surrender before the trial court and move an application for release on bail, the same shall be considered on its own merit.

Ratio / Principle

Taking into account the nature of allegations qua Petitioner Nos.1, 4 & 5 (Kartik Chandra Mahalik, Purna Chandra Jena and Suresh Jena), the Court directed that on surrendering within three weeks and moving for bail, they shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Key takeaways

As a condition attendant on the release of Petitioner Nos.1, 4 & 5, they shall cooperate with the ongoing investigation.ratio¶26

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No. 8674 of 2025 (order dated 06.11.2025, V. Narasingh J.). Five petitioners sought pre-arrest bail in C.T. Case No.553 of 2023 (arising out of Basta P.S. Case No.230 of 2023) pending before the Addl. District & Sessions Judge-cum-Special Judge (POCSO), Balasore, for offences punishable under Sections 363/376(2)(f)(n)/109/34 IPC read with Sections 6/7 of the POCSO Act. After perusing the essence of the victim's Section 164 Cr.P.C. statement from the Case Diary, the Court declined to entertain the application in respect of Petitioner Nos.2 & 3 (Bapi @ Kamalakanta Mahalik and Kalia @ Kalicharan Mahalik), permitting them to surrender and apply for bail to be considered on its own merit. Taking into account the nature of allegations against Petitioner Nos.1, 4 & 5 (Kartik Chandra Mahalik, Purna Chandra Jena and Suresh Jena), the Court directed that on surrendering within three weeks and moving for bail they shall be released on bail on terms deemed just and proper, conditioned on cooperation with the ongoing investigation. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8674 of 2025

1. Kartik Chandra Mahalik

…. Petitioners

2. Bapi @ Kamalakanta Mahalik

3. Kalia @ Kalicharan Mahalik

4. Purna Chandra Jena

5. Suresh Jena

Mr. B.S. Panigrahi, Advocate

-versus-

1. State of Odisha

…. Opposite Parties

2. Informant

Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH ORDER

06.11.2025

Order No.

03.

Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.553 of 2023 pending on the file of learned Addl. District & Sessions Judge-cum-Special Judge (POSCO), Balasore arising out of Basta P.S. Case No.230 of 2023 for commission of offences punishable under Sections 363/ 376(2)(f)(n)/ 109/ 34 of IPC read with Section 6/7 of POCSO Act.

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Perused the essence of 164 Cr.P.C. statement of the victim as recorded in the Case Diary.

This Court is constrained to refer to the same, since learned counsel for the State was not provided with the complete 164 Cr.P.C. statement in spite of the intimation in this regard.

On going through the recitals of the essence of the statement recorded under Section 164 Cr.P.C., this Court is not inclined to entertain the ABLAPL in respect of Petitioner Nos.2 & 3. However, in the event Petitioner Nos.2 & 3 (Bapi @ Kamalakanta Mahalik & Kalia @ Kalicharan Mahalik respectively) surrender before the learned Court in seisin in the aforesaid case and move an application for their release on bail, the same shall be considered on its own merit.

So far as Petitioner Nos.1, 4 & 5 are concerned, taking into account the nature of allegations qua the said Petitioner Nos.1, 4 & 5, this Court directs that on surrendering within three weeks hence and moving for bail, Petitioner Nos.1, 4 & 5 (Kartik Chandra Mahalik, Purna Chandra Jena & Suresh Jena respectively) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

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It is needless to state that the Petitioner Nos.1, 4 & 5 shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-Nov-2025 11:48:52

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