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2020 DIGILAW 182 (ORI)

Sabana Kulasika v. State of Odisha

2020-09-25

SAVITRI RATHO

body2020
ORDER : Savitri Ratho, J. 1. I have heard Mr. D.R. Bhokta, learned counsel for the 05 25.09.2020 petitioner and Mr. Prasanjeet Mohapatra, learned Addl. Standing Counsel for the State through Video Conferencing mode. 2. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Sabana Kulasika in connection with Dasamantpur P.S. Case No. 72 of 2019 corresponding to 0 G.R. Case No. 631 of 2019 pending in the Court of learned J.M.F.C., Dasamantpur, registered for commission of offences punishable under Sections 498-A/306/294/506 of Indian Penal Code. 3. The petitioner had moved an application for bail before the Court of learned Addl. Sessions Judge-cum-Special Judge, Koraput which was rejected on 19.09.2019. 4. The prosecution case in brief is that one Satama Kulisika, daughter of the informant-Linga Mandinga had married the petitioner about 20 years back. Since the last three years, the petitioner had started assaulting the deceased and threatening her. On 02.08.2019 in the night at about 9.00 p.m., while the petitioner was assaulting the deceased and threatening to kill her, she was rescued by her family members. 5. On 05.08.2019, the deceased was severely assaulted by the Bichi petitioner and due to excess torture, the deceased-wife committed suicide by hanging herself using a rope. On getting such information, the informant along with his family members rushed to the house of the petitioner and asked about the death of the deceased. Hearing this, the petitioner abused the informant and his family members in obscene language and threatened with dire consequences. Thereafter, the informant lodged a written report before the Dasamantapur P.S. 6. Learned counsel for the petitioner submitted that the petitioner is in custody since almost a year. He is not responsible for the death of the deceased and false allegations have been made against him. He further submits that charge sheet dated 24.09.2019 has been submitted and the petitioner is a permanent resident of village: Chaulakanti, P.S. Dasmantpur in the District of Koraput, for which there is no chance of the petitioner tampering with the process of investigation or absconding if he is enlarged on bail. 7. Perused the statements of the informant and other witnesses which includes neighbors and the daughter of the deceased. Almost all the witnesses have stated that since the last three years, the petitioner had been constantly beating and threatening the deceased. 7. Perused the statements of the informant and other witnesses which includes neighbors and the daughter of the deceased. Almost all the witnesses have stated that since the last three years, the petitioner had been constantly beating and threatening the deceased. This caused a lot of distress to her. She committed suicide as she found this torture intolerable. 8. Considering the facts and circumstances of the case, I do not consider this to be a fit case for grant of bail at this stage. 9. The BLAPL is accordingly dismissed.