Baruna @ Basanta Gouda Vs State of Odisha

In fact, today Mr. T.K. Mishra, learned counsel and his associates have entered appearance for the informant and files Vakalatnama, which is accepted and taken on record.

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Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with T.R. Case No.20 of 2024 pending in the file of learned Additional District & Sessions Judge-cum-Special Judge (POCSO), Rayagada corresponding to Kashipur P.S. Case No.109 dated 1^st May, 2024 on the grounds stated therein.

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Mr. Sethi, learned counsel for the petitioner submits that the deceased has committed suicide by hanging and it was later to an incident which took place nearly seven days before. It is submitted that the deceased was abused and assaulted during the said incident at the time of a festival by the accused and nearly

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seven days later, she committed suicide and in the meantime, chargesheet is filed, considering which and also the length of detention of the petitioner as the same is since 5^th May, 2024, the Court should allow him to go on bail subject to any stringent conditions.

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Learned counsel for the informant, on the other hand, strongly objects to the release of the accused on bail, as he is primarily responsible for the death of the victim, it is submitted that the deceased was mercilessly beaten up during the time of the festival and thereafter, on account of humiliation, she suffered, hanged herself on 30^th April, 2024, hence, therefore, the petitioner being responsible for the unfortunate death, he should not be enlarged on bail. Mr. Mohanty, learned ASC for the State equally objects to release of the petitioner on bail, considering the nature of allegations as made to appear from the F.I.R.

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Perused the F.I.R. i.e. Annexure-1.

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The petitioner stands chargesheeted under Section 306 I.P.C. and other allied offences and it is made to understand that he allegedly abused and assaulted the victim some days before the latter’s death. The said incident had taken place on 23^rd April, 2024, whereas, the deceased died on 30^th April, 2024. It is admittedly a suicidal death. It is also made to understand that due to the abuse and assault, she was subjected to, the victim, who happens to be the sister-in-law of the petitioner, committed suicide. The Court finds that such death of the victim might have taken place out of despair and humiliation due to the mischief committed by the petitioner on 23^rd April, 2024. However, having regard to the submissions of the learned counsel for the respective parties and the claim that the deceased had been in a relationship with the accused but later she committed suicide after the alleged incident dated 23^rd April, 2024, under the circumstances described hereinbefore, the Court is of the

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view that the petitioner, who has been in custody for nearly seven months by now, should be allowed to go on bail subject to stringent conditions.

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8. Accordingly, it is ordered.

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In the result, petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to go on bail in connection with T.R. Case No.20 of 2024 corresponding to Kashipur P.S. Case No.109 dated 1^st May, 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional District & Sessions Judge-cum-Special Judge (POCSO), Rayagada, 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, he shall not influence any of the material witnesses in any manner, whatsoever, while on bail.

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10. The BLAPL is disposed of.

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