Madila Shankar @ M. Shankar Vs State of Odisha — Bail and Remand | Orissa HC (2026)

Madila Shankar @ M. Shankar Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the four petitioners (accused in Jarada PS Case No.392 of 2022 / ST Case Nos.204 of 2023 & 343 of 2023, charged under IPC Ss.147/148/294/323/506/324/325/326/307/302/149 and Arms Act S.27) should be granted bail under S.483 BNSS.

Court's answer

Bail denied to all four petitioners: after considering the rival submissions, the nature and gravity of the offences vis-à-vis the allegations, the materials on record and the evidence of PW3, 5 & 8, and keeping in view the brutality exhibited in commission of the crime and the law laid down by the Apex Court in X Vrs. State of Rajasthan, (2024) SCC OnLine SC 3539, this Court was not inclined to grant bail.

Ratio / Principle

Reasoning weighing against bail: although the witnesses so far examined (other than PW3, 5 & 8 whose evidence was taken into account) had not supported the prosecution case, the examination of material witness M. Prakash was still awaited, which together with the brutality of the crime led the Court to decline bail.

Detailed headnote1 paragraphs

Bail — rejected (common oral order No.04 dated 11.05.2026, Justice G. Satapathy, High Court of Orissa at Cuttack). Four bail applications under S.483 BNSS (BLAPL Nos.118, 322, 331 & 3983 of 2026) filed by accused in Jarada PS Case No.392 of 2022, corresponding to ST Case Nos.204 of 2023 & 343 of 2023 pending before the learned 3rd Addl. Sessions Judge, Berhampur, charging them under IPC Ss.147/148/294/323/506/324/325/326/307/302/149 and Arms Act S.27 for alleged rioting while armed with deadly weapons as members of an unlawful assembly, in prosecution of whose common object the deceased M. Rama Rao was murdered and M. Lacheya and M. Krishna were injured. Taking into account the nature and gravity of the offences, the materials on record, the evidence of PW3, 5 & 8, the fact that the witnesses so far examined apart from those had not supported the prosecution case while the examination of material witness M. Prakash remained awaited, and the brutality exhibited in the commission of the crime, and guided by the law laid down by the Apex Court in X Vrs. State of Rajasthan, (2024) SCC OnLine SC 3539, the Court declined bail; all four BLAPLs stand rejected and were disposed of, with a soft copy of the order directed to be transmitted to the trial Court.

IN THE HIGH COURT OF ORISSA AT CUTTACK Madila Shankar @ M. Shankar (In BLAPL No.118 of 2026) Nartu Ramesh @ N. Ramesh (In BLAPL No.322 of 2026) Durgasi Baleya @ Balayya (In BLAPL No. 331 of 2026) Maddila Mohan Rao (In BLAPL No. 3983 of 2026)

… Petitioners Mr. C. Bidyabhusan , Advocate (In BLAPL Nos. 118 & 331 of 2026) Mr. N.N. Mohapatra, Advocate (In BLAPL No. 322 & 3983 of 2026)

-versus-

State of Odisha … Opposite Party Mr. C. Mahanty, Addl. PP

CORAM:JUSTICE G. SATAPATHY ORDER(ORAL):11.05.2026

Order No.

04.

Since these four bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Jarada PS Case No.392 of 2022 corresponding to ST Case No.204 of 2023 & ST Case No. 343 of 2023 pending in the file of learned 3^rd Addl. Sessions Judge, Berhampur for commission of offences punishable U/Ss. 147/ 148/ 294/ 323/ 506/324/325/326/307/302/149 of IPC and Sec. 27 of the Arms Act, on the allegation of committing rioting being armed with deadly weapons, along with other coaccused persons by forming an unlawful assembly and in the process, committing murder of the deceased M.Rama

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Rao and injuring M.Lacheya and M.Krishna in prosecution of their common object.

Heard, Mr. Chiranjeev Bidya Bhusan, learned counsel for the Petitioners in BLAPL Nos. 118 & 331 of 2026; Mr. Nrusingha Nanda, learned counsel for the Petitioners in BLAPL Nos. 322 & 331 of 2026 and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the allegation sought to be brought against them and regard being had to the materials placed on record together with the evidence of witnesses of PW3,5 & 8 and keeping in view the examination of material witness like M. Prakash being awaited and although the rest of the witnesses so far examined having not supported the prosecution case, but the material witness as stated remaining to be examined and the brutality exhibited in commission of the crime and keeping in view the law laid down by the Apex Court in X Vrs. State of Rajasthan; (2024) SCC OnLine SC 3539 , this Court is not inclined to grant bail to the Petitioner.

Hence, these four bail applications of the petitioners stand rejected. Accordingly, these BLAPL Nos.118, 322, 331 & 3983 of 2026 stand disposed of. A soft copy of this order be immediately transmitted to the learned trial Court.

Signature Not Verified

(G. Satapathy) Judge

Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI Priyajit SSA Date: 12-May-2026 14:02:13

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