Ch Laxman Reddy Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

Ch Laxman Reddy Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail refused at this stage; petitioner granted liberty to renew the bail plea after examination of the two pending witnesses (Ch. Laxmi Reddy and Ch. Raghunath Reddy) or after expiry of three months, whichever is earlier; trial court directed to examine those two witnesses preferentially over all other witnesses, preferably within three months.

Issue for consideration

Whether the petitioner, an accused under Sections 498-A/302/304-B IPC, should be admitted to bail at this stage when two vital witnesses remain unexamined by the prosecution.

Court's answer

Bail is declined at this stage because two vital witnesses (Ch. Laxmi Reddy and Ch. Raghunath Reddy) are yet to be examined by the prosecution.

Ratio / Principle

The petitioner is granted liberty to renew his bail plea after examination of the two pending witnesses or after expiry of three months, whichever is earlier.

Key takeaways

The learned trial Court is directed to take necessary steps to examine the said two prosecution witnesses giving preference over all other witnesses, as expeditiously as possible, preferably within a period of three months.ratio¶21

Detailed headnote1 paragraphs

Bail — second application (BLAPL No.184 of 2025) by accused under Sections 498-A/302/304-B IPC in Rambha P.S. Case No.01 of 2023 / S.T. Case No.42 of 2023 (G.R. Case No.14 of 2023) pending before the Additional Sessions Judge, Khallikote — earlier application (BLAPL No.6494 of 2024) was declined by order dated 23.09.2024 with liberty to renew after material witnesses were examined — of twenty-three witnesses only six examined; two witnesses (Ch. Laxmi Reddy and Ch. Raghunath Reddy) whose Section 164 Cr.P.C statements were recorded during investigation not yet examined despite repeated summons — bail again declined at this stage; petitioner permitted to renew the plea after examination of the two witnesses or expiry of three months, whichever is earlier; trial court directed to examine the two witnesses with preference over all others, preferably within three months — BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.184 of 2025

…. Ch Laxman Reddy

Petitioner(s)

Mr. S. K. Baral, Advocate

-versus-

State of Odisha

…. Opposite Party(s)

Mr. U. R. Jena, AGA

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

21.01.2025

Order No.

03.

The petitioner is an accused in connection with Rambha P.S. Case No.01 of 2023 corresponding to S.T. Case No.42 of 2023 (arising out of G.R. Case No.14 of 2023) for the offences under Sections 498-A/302/304-B of I.P.C. pending in the Court of the learned Additional Sessions Judge, Khallikote.

This is the second journey of the petitioner seeking grant of bail. Earlier the petitioner had approached this Court by filing BLAPL No.6494 of 2024. This Court vide order dated 23.09.2024 declined to admit the petitioner on bail, however, granted liberty to renew his bail plea after the material witnesses are examined.

Mr. Jena, learned Additional Government Advocate for the State submits that out of twenty-three witnesses, only six witnesses have been examined as yet. Two witnesses namely Ch. Laxmi Reddy and Ch. Raghunath Reddy, whose statements under Section

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164 Cr.P.C during investigation were recorded, have not yet been examined by the prosecution.

Learned counsel for the petitioner submits that the petitioner would revive his bail plea after the said two witnesses are examined by the prosecution. He further submits that despite repeated summons issued to these witnesses, they are not appearing in the Court.

Regard being had to the aforementioned, since two vital witnesses are yet to be examined by the prosecution, I am not inclined to admit the petitioner to bail at this stage. However, liberty is granted to the petitioner to renew his bail plea after the aforenamed two witnesses are examined. The learned trial Court is directed to take necessary steps to examine the said two witnesses of the prosecution giving preference over all other witnesses. It is expected that the evidence of these two witnesses are examined as expeditiously as possible preferably within a period of three months. The petitioner is also granted liberty to renew his bail plea after the examination of aforementioned two witnesses or after expiry of three months, whichever is earlier. 6. With this observation, the BLAPL is disposed of.

Swarna

Signature Not Verified

Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 23-Jan-2025 11:37:17

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