The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9451 of 2024 BLAPL No.9655 of 2024 BLAPL No.9657 of 2024 & BLAPL No.10236 of 2024 BLAPL No.9451 of 2024 Chanti @ Kattapali Arun …. Petitioner(s) Kumar Mr. Manas Kumar Chand, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. S.N. Biswal, ASC BLAPL No. 9655 of 2024 Muna Bidika …. Petitioner(s)
Legal Reasoning
Mr. S.K. Baral, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. S.N. Biswal, ASC BLAPL No.9657 of 2024 Binod Kumar Bauri …. Petitioner(s) Mr. Manas Kumar Chand, Advocate -versus- State of Odisha … Opposite Party(s) Mr. S.N. Biswal, ASC Page 1 of 7 BLAPL No. 10236 of 2024 Akula Govinda @CK @GK@Kanha Mr. B.P.Pradhan, Advocate Petitioner(s) … . -versus- State of Odisha … Opposite Party(s) Mr. S.N. Biswal, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No.
Decision
ORDER 12.12.2024 02. 1. This is an application under Section 439 Cr.P.C. 2. The petitioner Chanti @ Kattapali Arun Kumar in BLAPL No. 9451 of 2024, Muna Bidika in BLAPL No. 9655 of 2024, Binod Kumar Bauri in BLAPL No. 9657 of 2024 and Akula Govinda @CK @GK @Kanha in BLAPL No. 10236 of 2024 are all accused persons in connection with Gunupur P.S. Case No.98 of 2023 corresponding to C.T Case No.51 of 2023 for the offences under Sections 364,302,201,120-B/34 of I.P.C., which is pending before the Court of learned Additional Sessions Judge, Gunupur. The petitioner Chanti @ Kattapali Arun Kumar had approached the learned Additional Sessions Judge, Gunupur in C.T. Case No.51 of 2023 Page 2 of 7 praying for grant of bail. The learned Court below vide its order dated 06.09.2024 rejected the bail application of the petitioner. The petitioner Muna Bidika had approached the learned Additional Sessions Judge, Gunupur in C.T. Case No.51 of 2023 praying for grant of bail. The learned Court below vide its order dated 06.09.2024 rejected the bail application of the petitioner. The petitioner Binod Kumar Bauri had approached the learned Additional Sessions Judge, Gunupur in C.T. Case No.51 of 2023 praying for grant of bail. The learned Court below vide its order dated 06.09.2024 rejected the bail application of the petitioner. The petitioner Akula Govinda @ CK @ GK @ Kanha had approached the learned Additional Sessions Judge, Gunupur in C.T. Case No.51 of 2023 praying for grant of bail. The learned Court below vide its order dated 06.09.2024 rejected the bail application of the petitioner. Being aggrieved, the petitioners have filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 3. This case is relating to the commission of double murder. One Gouri Prasad Mishra was killed by one Raja @ V. Rajesh. Rejiti Krishna and Akula Govinda @ CK @ GK @ Kanha had hired Raja with a promise to pay Rs.30 lakhs to eliminate Gouri Prasad Mishra. Accused Raja, by receiving advance amount of Rs.2,90,000/- committed the act leading to the murder of Gouri Prasad Mishra on 13.05.2023. Gunupur P.S. Case Page 3 of 7 No.82 of 2013 was registered for the commission of offence punishable under Sections 302/34 of the IPC against Raja and others. 4. The said accused Raja demanded the remaining amount of the blood money from Rejiti Krishna and Akula Govinda @ CK @ GK @ Kanha. They called Raja to Vishakhapatnam. Instead of paying the remaining supari amount, they killed Raja, which led to registration of Gunupur P.S. Case No.98 of 2023. The petitioners are seeking grant of bail in Gunupur P.S. Case No.98 of 2023. 5. To be precise, in the instant case, the allegation made by the informant (the mother of the deceased Raja) goes as under: Vadadi Laxmi reported at Gunupur P.S. that since 16.06.2023, her son Raja has been missing. She stated that, her son made the confession to her over telephone that, he had killed Gouri Prasad Mishra at the behest of Rejiti Krishna and Akula Gobinda @ CK @ GK @ Kanha. He was promised to pay Rs. 30 lakhs as blood money by Rejiti Krishna and Akula Govinda @ CK @ GK @ Kanha to eliminate Gouri Mishra. However, after paying Rs.2,90,000/-, Rejiti Krishna and Akula Gobinda @ CK @ GK @ Kanha are avoiding to make payment. Raja has also stated to his mother that, he had already warned Rejiti Krishna to disclose the entire matter in public, if the contract amount is not cleared. In that regard, Raja was called to Vishakhapatnam by Rejiti Krishna and Akula Gobinda @ Page 4 of 7 CK @ GK @ Kanha, The F.I.R. also revealed that, on 17.06.2023, Raja reached at Vishakhapatnam along with his girlfriend Puja. On 19.06.2023 evening, he was called by Rejiti Krishna and Akula Gobinda @ CK @ GK @ Kanha to settle the contract amount. Both the mother of the deceased Raja and the girlfriend tried to contact Raja, but to no avail. Hence, the F.I.R. was registered. 6. After the investigation, the Gunupur Police found the involvement of the abovementioned accused-petitioners in the murder of contract killer Raja @ V. Rajesh, hence filed its charge sheet on 24.10.2023 against Rejiti Krishna, Akula Govinda @ CK @ GK @ Kanha, Binod Kumar Bauri, Chanti @ Kattapali Arun Kumar and Muna Bidika for the commission of offences under Sections 364/302/120-B/201/34 of the IPC. 7. On 30.06.2023, the accused Rejiti Krishna was arrested from Gandigundam village, Vishakhapatnam city. After his arrest, he has made confessional/ disclosure statement narrating the entire incident. On the basis of the disclosure statement of the Rejiti Krishna, Police recovered the dead body of deceased Raja @ V. Rajesh from the place of burial i.e. trench located at Kambalakonda wild life sanctuary, Gandigundam. The police had also recovered one pistol alleged to have been used by the deceased Raja @ V. Rajesh. Page 5 of 7 8. The recovery of one rope alleged to have been used for strangulating the deceased Raja @ V. Rajesh and one spade alleged to have been used to bury the dead body was also recovered. All these recoveries were affected from the principal accused Rejiti Krishna. The investigation also reveals that Binod Kumar Bauri had caught hold of the legs of the deceased Raja @ V. Rajesh, Chanti @ Kattapali Arun Kumar caught hold of the hands of Raja, Rejiti Krishna and Akula Govinda both forcibly pressed the neck of Raja, as a result of which Raja @ V. Rajesh died on the spot, Muna Bidika was instructed to keep a watch outside in case any person will come to that place. 9. The aforementioned aspects are derived from the disclosure statement of Rejiti Krishna. Although Section 27 of the Evidence Act has been invoked, however, the record reveals that from the accused persons, namely, Chanti @ Kattapali Arun Kumar, Muna Bidika and Binod Kumar Bauri, nothing has been recovered. Therefore, the complicity of thses accused was attempted to be established by the prosecution on the basis of the disclosure statement of the co-accused. 10. Although the offence is heinous and barbaric, but the police, on the investigation, could not collect adequate evidence as yet, rather is relying upon the confessional statement of the co-accused. The accused persons have been in custody since 01.07.2023. The charge sheet has already been filed on 24.10.2023. Therefore, I am inclined to enlarge the accused- petitioners, namely, Chanti @ Kattapali Arun Kumar, Muna Bidika and Binod Kumar Bauri on bail because except the confessional statement of the co-accused, nothing substantial has come on record against them. So Page 6 of 7 far as the accused Akula Govinda @ CK @ GK @ Kanha is concerned, I am not inclined to enlarge him on bail because he is the principal accused. 11. Hence, the petitioners, namely, Chanti @ Kattapali Arun Kumar, Muna Bidika and Binod Kumar Bauri are directed to be released on bail by the learned Court in seisin over the matter in the aforementioned cases on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (1) The petitioners, namely Chanti @ Kattapali Arun Kumar, Muna Bidika and Binod Kumar Bauri shall appear before the Court diligently without fail, on every date of hearing; (2) They shall not influence any of the witnesses related to this case in any manner whatsoever. (3) They shall not commit any offence while on bail. (4) They shall appear before the concerned Police Station between 10 am to 12 noon on last Sunday of each month for a period of six months. In the event, the petitioners namely Chanti @ Kattapali Arun Kumar, Muna Bidika and Binod Kumar Bauri are found to be wanted for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 12. All the BLAPL are accordingly disposed of. (S.S. Mishra) Judge Page 7 of 7 Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orisssa, Cuttack. Date: 28-Dec-2024 10:54:44 Subhasis