Sunil Kumar Kullu v. (Through hybrid mode)

JUSTICE SAVITRI RATHO ORDER 04.10.2024 (Through hybrid mode)

This is the second application of the petitioner under Section 439 of Cr.P.C. in connection with Rourkela Township Sector-19 P.S. Case No. 38 of 2023 corresponding to G.R. Case No. 879 of 2023 in the Court of the learned S.D.J.M. (P), Rourkela. The case is now pending before the learned 2nd Additional Sessions Judge, Rourkela as S.T. Case No. 178/76 of 2023.

BLAPL No. 12375 of 2023 filed by the petitioner earlier had been dismissed by me on 06.11.2023 granting liberty to the petitioner to move for bail afresh after receipt of the report of chemical examination and examination of material witnesses or if there is undue delay in receipt of the chemical examination report.

As there was delay in receipt of the chemical examination report, the petitioner had moved the learned trial Court for bail afresh and his prayer for bail has been rejected on 23.07.2024.

The prosecution case in brief is that on 25.05.2023 at about

11.20 PM the petitioner was found leaving the house of the deceased after which the deceased came out of the house stating that he was feeling breathless and should be taken to the hospital. So, he was admitted in IGH, Rourkela in serious condition after which he expired on the same day. The statement of the sister of the petitioner Anny Kullu reveals that the petitioner used to warn her not to go to the house of the deceased suspecting her and the deceased. The wife of the deceased was also suspecting that the deceased was having extra marital affair with sister of the petitioner. On the date of occurrence, Prasant Sindur and Alma Sindur stated that they have seen the deceased coming out of his house and complaining of breathlessness after that the petitioner was seen coming out of the house and there was blood on his hand and body. He was taken to the IGH, Rourkela by one Kuna @ Basanta Kumar Majhi. During treatment he died in the hospital.

Mr. P. S. Nayak, learned counsel for the petitioner submits that the case is based on circumstantial evidence and the deceased has not implicated the petitioner in any manner and the witnesses who stated that they saw the petitioner leaving the house of the deceased after the deceased do not say that he was carrying any knife or that the deceased had complained of assault by him. He submits that the size of the injury on the deceased does not match with the weapon allegedly seized from the accused, so it cannot be said that the said weapon was used to inflict the injury which resulted in the death of the deceased. He further submits that the petitioner is in custody since 23.05.2023, but on account of non- receipt of the chemical examination report, charge has not yet been framed in the case.

Mr. J. P. Patra, learned Additional Standing Counsel opposes the prayer for bail stating that apart from the statement of Anny Kullu- sister of the petitioner and the neighbors of the deceased namely Prasant Sindur, Alma Sindur, Bibhu Chandra Bibha, Basanta Kumar Majhi have seen him come out of the house after the deceased. The knife was recovered from the petitioner when he was arrested and the doctor has opined that this knife is capable of causing the injury which was detected in the body of the deceased and led to his death. So, the circumstances implicate the petitioner.

Perused the report dated 30.09.2024 received from the Deputy Director, RFSL, Sambalpur, where it is stated that after receiving letter on 27.09.2024, the examination is in process and as the case needs examination of DNA Division of the State SFSL, Bhubaneswar, the final report will be prepared after receiving the report from the DNA Division State SFSL, Bhubaneswar and will be submitted to the Court within two weeks.

Considering the nature of allegations against the petitioner, I am not inclined to release the petitioner on bail, at this stage.

The BLAPL is accordingly dismissed.

Considering the fact that the accused is in custody since

23.05.2023 and the trial is held up on account of non-receipt of chemical examination report and the DNA report, it is directed that the chemical examination report and the DNA report shall be obtained from the SFSL Bhubaneswar and the chemical report from the RFSL, Sambalpur without further delay, preferably within a period of four weeks, so that trial can commence.

Copy of this order be communicated to the learned trial Court and the Director, RFSL, Sambalpur and the Director SFSL, Bhubaneswar. Subhalaxmi Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Oct-2024 18:00:14 (Savitri Ratho) Judge