The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7087 of 2024 K. Ganesh Patra ..... Petitioner State Of Odisha -versus- ..... Represented By Adv. – Mr. D. Nayak, Sr. Adv. Assisted by Mr. Biswo Ranjan Swain, Adv. Opposite Parties Represented By Adv. –
Decision
CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 11.12.2024 Order No. 02. 1. This matter is taken up through hybrid mode. 2. This bail application under Section 439 of the Cr.P.C., filed by the petitioner has arisen out of S.T. Case No.108 of 2023 in connection with K.S.Nagar P.S. Case No.615 of 2023 pending before the learned Addl. District & Sessions Judge, Kodala, Ganjam. 3. I have already heard from the learned Senior Counsel for the petitioner and learned ASC for the State. 4. The petitioner has been charge-sheeted under Sections 498-A, 304-B, 302 and 201 of the IPC, 1860 read with Section 4 of the D.P. Act on the allegation of commission of murder of his wife and daughter through snake bite using poisionus snake to bite them. 5. As per prosecution case, FIR has been lodged by the father-in- law of the petitioner on dated 12.10.2023 alleging the aforesaid Page 1 of 4. allegations against the petitioner for commission of murder of his daughter and grand-daughter through snake bite leaving the poisonous snake near them (deceaseds) to bite them. 6. Learned Senior Counsel for the petitioner submitted for liberal consideration of his bail contending that, the informant was present in the house of the petitioner on the day of death of the deceaseds through snake bite i.e. on dated 07.10.2023, but he (informant) did not chose to lodge the FIR against the petitioner on the same day i.e. on 07.10.2023, but he (informant) lodged the FIR 4 days thereafter i.e. on 12.10.2023. On the basis of which, case was registered and investigation was started. During investigation, the petitioner was arrested on dated 23.11.2023 and was forwarded to the Court and since then, he (petitioner) is in custody. In the meantime, the investigation of the case has already been completed, for which, he (petitioner) should not be kept under detention further inside the bar, to which, the learned ASC for the State vehemently objected contending that, as he (petitioner) has committed murder of his wife and daughter intentionally and deliberately through poisonous snake, for which, in these nature of allegations, he (petitioner) should not be allowed to go on bail. 7. It is forthcoming from the statements of the informant that, on the day of death of the deceaseds i.e. on dated 07.10.2023, he (informant) was present in the house of the petitioner and he (petitioner) and the informant both had taken both the deceaseds to the hospital, wherein Doctor declared them (deceaseds) as dead. Then, the petitioner informed about the unnatural death of the deceaseds to police and on the basis of which, an U.D. case was registered and the enquiry was conducted in the said U.D. case. Page 2 of 4. While the enquiry of the said U.D. Case was going on, the father-in- law of the petitioner i.e. informant lodged FIR on dated 12.10.2023 against the petitioner alleging the aforesaid allegations that, the petitioner has killed his wife and daughter through poisonous snake leaving the snake into their room to bite them. Accordingly, on the basis of such FIR, a case was registered and investigation was started. 8. During investigation, the petitioner was arrested on dated 23.11.2023 and was forwarded to the Court after being booked with the aforesaid offences and since then, he (petitioner) is in custody. 9. When the informant was present in the house of the petitioner on the day of death of the deceaseds and when the informant did not chose to lodge the FIR against the petitioner on the day of death of the deceaseds and when the informant lodged FIR 4 days after the death of the deceaseds and when the petitioner and the informant both had taken the deceaseds to the hospital from the house of the petitioner and when the petitioner is in jail custody since 23.11.2023 and when in the meantime, the investigation of the case has already been completed due to submission of charge-sheet on 20.03.2024 and when the petitioner is in jail custody for more than 1 year and when the presence of the petitioner during trial is not unsecured as he is a local man having his house and homestead under the jurisdiction of K.S.Nagar P.S. in the district of Ganjam, then, at this juncture, by taking the above factors into account, it is felt proper to allow him (petitioner) to go on bail. 10. Hence, the bail application filed by the petitioner is allowed. Page 3 of 4. 11. He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that :- (i) he (petitioner) shall not involve with similar nature of crime in future; threat any witnesses of (ii)he (petitioner) shall not terrorize, coerce, influence or the prosecution including the informant and his family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case; (iii)he (petitioner) shall appear before the Trial Court personally in each date of adjournment of the case without fail till its conclusion; but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court. 12. Accordingly, the bail application filed by the petitioner is disposed of finally making it clear that, any observations made in this bail order shall never influence the trial in any manner and the trial court shall not use any observation made in this bail order during trial, because, the observations made in this bail order are for the purpose of bail only. 13. Grant certified copy of this order to the petitioner on proper application. Rati Ranjan ( ANANDA CHANDRA BEHERA) Judge Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 12-Dec-2024 15:58:13 Page 4 of 4.