1. K. Krishna 2. K. Nokaya State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13520 of 2023 1. K. Krishna 2. K. Nokaya State of Odisha ….. Vs. ….. Petitioners Mr. Debasis Sarangi, Adv. Opp. Party Mr. S.S. Pradhan, A.G.A. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 12.01.2024 (Through hybrid mode) Order No. 02. 1. Heard Mr. D. Sarangi, learned counsel for the petitioners and Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State. 2. This application under Section 439 of Cr.P.C. has been filed in connection with Jarada P.S. Case No.242 of 2023 corresponding to G.R. Case No. 375 of 2023 in the file of the learned J.M.F.C., Patrapur , registered under Sections 147, 148, 341, 294, 506, 323, 324, 325, 326, 307, 149 of IPC read with Section 27 of the Arms Act. 3. The prayer for bail of the petitioners had been rejected vide order dated 16.11.2023 passed by the learned Sessions Judge, Ganjam in BLAPL No. 1023 of 2023. 4. The prosecution allegations in brief as per the FIR are that on 18.03.2023 at about 9 P.M. when the informant K. Dilesu along with K. Sundar Rao, S/o- K. Chenneya and K. Dharma Reddy were Page 1 of 5 returning to the village Khambarigaon on a bike, ( 1). K. Chenneya, (2.) P. Nokeya, (3). K. Sesagiri, (4). K. Dinabandhu, (5) K. Krishna S/o K Chenneya holding sword and kaati attacked them and both of them fell down . K.Sundar Rao was assaulted on his two hands, left leg, head and different parts of the body. While assaulting him, the accused persons were saying that they would finish him that day. K. Dharmareddy, the driver of the car, drove ahead. The informant hid behind a bush and watched . (6 ) K. Dharma, (7) K Nokkeya , (8) K Rajeya, (9) K. Prakash, (10) K.Tulsidas, (11) K.Biswanath S/o K.Khagaeya, (12) K. Bhimarao, (13) K. Biswanath S./o K. Jogeya, (14) K.Apparao, (15) K. Krishna S/o K Bhimarao, (16) K.Nagesh, (17) K.Krishna S/o K, Apparao, (18) N.Ramarao, S/o N.Biswanath (19) K. Narendra, (20) P.Suryanarayan were shouting to kill K. Sundar Rao and were poking him with lathi and crowbar. When K Duryodhan, A. Iragi, A. Purusottam and Rajarao arrived at the spot and seeing them, the accused person left the spot. K.Sundarrao was battling for his life and was first taken to Patrapur Hospital for treatment. They were referred to MKCH, Medical College, Berhampur and to Cuttack Hospital for better treatment. At the time of lodging FIR K. Sundar Rao was battling for his life. 5. Mr. D. Sarangi, learned counsel for the petitioners submits that Page 2 of 5 the petitioners are in custody since 07.11.2023 and the petitioner no.1 has approached this Court in ABLAPL No. 10434 of 2023 along with other accused persons and by order dated 27.09.2023 they had been directed to be released on bail, if they surrendered within a period of three weeks subject to verification of criminal antecedents of similar nature. While the other petitioners who surrendered in time and were released on bail, as the petitioner could not surrender within the time fixed, his prayer for bail has been rejected alongwith Petitioner No 2 and they are in custody since 07.11.2023. He further submits that the investigation is over in this case, the injured who had sustained two injuries on the hand and on the leg has been discharged from S.C.B. Medical College and Hospital, Cuttack and has recovered. His statement under Section 161 of Cr.P.C. has not been recorded as he is not appearing before the I.O and this has been recorded by this Court while allowing the prayer for bail of the co – accused in BL APL No. 11583 of 2023. He also submits and in ABLAPL No. 10434 of 2023, this Court had directed the petitioner to be released on bail on his surrender ad other accused persons standing on the same footing as him have been granted bail. 6. Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State opposes the prayer for bail stating both the petitioners have been Page 3 of 5 named in the FIR but were avoiding arrest and Petitioner no. 1 did not comply with the order passed in ABLAPL No. 10434 of 2023. The injury report reveals that the deceased has sustained grievous injuries and his present health condition is not known. His family members had informed the Sub Inspector of Jarada Police Station that his condition is serious and he is unable to speak properly. Investigation is in progress, other accused persons are yet to be arrested and there is apprehension of breach of peace in the village if the petitioners are released on bail. 7. The prayer for bail of co-accused P. Nokeya @ Lokanath, K. Seggir and K. Dinabandhu in BLAPL No. 11583 of 2023 has been allowed by order dated 17.10.2023, the prayer for bail of co-accused K. Tulasi Dash, K. Prakash and K. Biswanath in BLAPL No. 10792 of 2023 has been allowed by order dated 06.10.2023 and the prayer for bail of co-accused K. Cheneya in BLAPL No. 10790 of 2023 has been allowed by order dated 17.10.2023. 8. Considering the nature of allegations against the petitioners, as other co accused standing on similar footing have been granted bail, and it is stated by the learned counsel for the petitioners that the injured has recovered and has been discharged from hospital , I am inclined to allow the prayer for bail. Page 4 of 5 9. The petitioners- K. Krishna and K. Nokaya be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter including the following conditions, after verification of their criminal antecedents : 1. They will not commit any offence while on bail. 2. They will report before the Jarada Police Station on every Tuesday between 3.00 P.M. to 5.00 P.M. till submission of chargesheet and thereafter once in a month preferably on a Monday for a period of one year or till completion of trial, which is earlier. 3. They will not try to influence or threaten the prosecution witnesses or tamper with evidence. 4. They will not go near the house of the injured or informant. 5. They will remain present on each date fixed for trial subject to any order passed by the learned trial Court passed under Section 317 Crl.P.C. 10 Violation of any condition will entail in cancellation of bail recall of this order. 11. The BLAPL is accordingly allowed. 12. Urgent certified copy of this order be granted as per rules. (Savitri Ratho) Judge Page 5 of 5 Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court Date: 20-Jan-2024 15:36:55