Sanada Parida Vs State of Odisha

Instant petition under Section 483 BNS is filed for release of the petitioners on bail in connection with Gandia P.S. Case No.303 of 2024 pending in the file of learned Additional Session Judge-cumSpecial Judge, POCSO, Dhenkanal corresponding to C.T. (Spl.) (P) No.44 of 2024 on the grounds stated therein.

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Mr. Mishra, learned counsel for the petitioners submits that the petitioners are not directly responsible for the death of the deceased, who committed suicide. It is further submitted that the accused husband is in judicial custody at present. With the above submission and claim that the investigation is concluded in the meantime, Mr. Mishra, learned counsel prays for release of the petitioners on bail subject to any terms and conditions.

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On the other hand, Mr. Pradhan, learned ASC for the State objects to the release of the petitioners on bail and requests for time to collect the suicidal note left behind by the deceased, however,

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fairly admits that the record suggests the death to be suicidal in nature.

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Perused the FIR as at Annexure-1.

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Gone through the statements of the witnesses recorded under Section 161 Cr.P.C. and other police papers. From the case diary, it is suggested that the death as revealed after the postmortem of the body of the deceased could be suicidal in nature. In so far as, the principal accused is concerned, he happens to the husband of the deceased. It appears that the deceased and son of the petitioners lived together and thereafter, she committed suicide. It is alleged by one of the witnesses, namely, Anasaya Nayak that the petitioners are equally responsible for death of the victim. It appears that the petitioners are the parents of the principal accused alleged to have supported the latter towards his misadventure. The allegation though made against the petitioners that they are also responsible for the alleged ill-treatment, the record, however, does not reveal any such specific instances having taken place and the reason behind such treatment meted out to the deceased, while she was alive. In course of hearing, it is brought to the notice of the Court that the father of petitioner No.1 has died recently and therefore, his presence is necessary for the finall rites. Considering the above facts and submissions of learned counsel for the respective parties and since the investigation is concluded with a chargesheet filed on 26^th December, 2024, as further informed, the Court is of the view that the petitioners who are in custody from 10^th October, 2024 should be allowed to go on bail subject to the following conditions

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Accordingly, it is ordered.

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In the result, the petition stands disposed of with a direction

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to release the petitioners on bail in connection with Gandia P.S.

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Case No.303 of 2024 corresponding to C.T. (Spl.) (P) No.44 of 2024 subject to them furnishing bail bonds of Rs.40,000/-(rupees forty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned Additional Session Judge-cumSpecial Judge, POCSO, Dhenkanal, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not influence any of the material witnesses to the case in any manner, whatsoever, while on bail.

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9. The BLAPL is disposed of.

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