Phulu @ Phula Saunta v. State of Odisha

Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 24.08.2023

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

The petitioner is an accused in connection with C.T. Case No.107 of 2022, pending on the file of learned Additional Sessions Judge, Koraput, arising out of Dasmanthpur P.S. Case No.46 of 2022 for alleged commission of offences under Section 302 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Koraput by order dated 12.05.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 14.05.2022 and as charge sheet has been filed on

08.09.2022 and keeping in view the nature of evidence, his further continuance in custody is unwarranted.

It is further submitted by the learned counsel for the petitioner that save and except the confessional statement of the petitioner, there is no other material to connect him with the alleged crime.

Learned counsel for the State opposes the prayer and submits that in terms of Section 27 of the Evidence Act, the stone which was used for causing death of the deceased Guna Saunta, who is the wife of the present petitioner was recovered and there are also further materials on record which point to the complicity of the petitioner and in this context, learned counsel for the State also relies on the statement of one villager Manu-C.W.-6 and the son of the present petitioner and deceased, Parama Saunta-C.W.5.

From the statement of Parama Saunta-C.W.5, it comes to the fore that both the petitioner as well as the deceased were in a state on intoxication.

It is borne out from the record that the petitioner is the first offender and there is no case pending inter se between the husband and wife.

On a close scrutiny of the statement of the son of the present petitioner and the deceased and considering the background in which the offence has been committed and the petitioner being the husband, this Court finds substance in the submission of the learned counsel for the petitioner that the case cannot be one under Section 302 of IPC and in this context, he also relies on the conduct of the petitioner, which is a relevant factor to be taken into account in terms of Section 8 of the Evidence Act.

On a conspectus of materials on record, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned court in seisin. Needless to state here that the observation made here are only for the consideration of bail application. The complicity of the petitioner has to be independently adjudicated in the trial.

Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 25-Aug-2023 20:51:16 Santoshi (V. NARASINGH) Judge