Babula Sethi vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Beguniapada P.S. Case No. 336 of 2023 corresponding to G.R. Case No. 1553 of 2023 in the file of the learned J.M.F.C., Khallikote where the petitioner and the co-accused are facing trial in the court of the learned Additional Sessions Judge, Khallikote in S.T. Case No.70 of 2023 for commission of offence under Sections 498-A, 306, 34 of IPC read with Section 4 of the D.P. Act.

This application has been listed before me as BLAPL No. 11130 of 2023 filed by the co-accused Sashi Sethi (mother of the petitioner) had been disposed of by me on 15.12.2023.

The prayer for bail of the petitioner has been rejected on 22.12.2023 by the learned Additional Sessions Judge, Khallikote in S.T. Case No.70 of 2023.

The prosecution allegation in brief is that the marriage of the deceased and the petitioner had been solemnized 14 years back. They were blessed with 2 sons and 1 daughter. The mother of the petitioner and the petitioner-Babula Sethi had been demanding dowry and constantly torturing the deceased. On 02.07.2023 unable to bear the torture, the deceased consumed poison for which she was shifted to Kodala medical for treatment and then to MKCG, MCH, Berhampur. During course of treatment she expired and U.D. Case No. 395 of 2023 at B.N.Pur Police Station had been registered. As the petitioner and co-accused had agreed to give share of the petitioner to the children of deceased, the informant had not lodged F.I.R. immediately.

Mr. Jyotirmaya Sahoo, learned counsel for the petitioner submits that the petitioner is in custody since 18.10.2023 and the alleged incident has occurred after 14 years of the marriage and there is unexplained delay of 48 days in lodging of the F.I.R. and absence of specific allegation against the petitioner of torturing the deceased or abetting her suicide. She had been taken to the Hospital for treatment where she expired. He further submits that investigation has been completed long since but trial has not started.

Mr. S.S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that the father and brother of the deceased have stated about her dying declaration that she consumed poison as she was unable to tolerate the constant torture by the petitioner and his mother. His further submission is that the delay in lodging the F.I.R. has been explained as the informant had stated that as the petitioner and co-accused Sashi Sethi (his mother) had assured to give his share of the property to his three children for which he had not lodged F.I.R.

Considering the nature of allegations against the petitioner who is the husband of the deceased, I do not consider this to be a fit case to allow the prayer for bail and reject the prayer.

As the petitioner is in custody since 18.10.2023 and trial is yet to start, i am inclined to release him on interim bail for a period of three months.

The petitioner Babula Sethi shall be released on interim bail for a period of three months on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :

(i) He will not indulge in any criminal activity while on interim bail.

(ii) He  will  not  threaten  or  try  to  influence  prosecution witnesses or tamper with evidence.

(iii) He shall take steps for re-admission of his children in School / College if not already done.

(iv) He shall surrender before the learned trial court after expiry of three months or before 17th August, 2024, whichever is earlier.

Violation of any condition will entail in cancellation of interim bail.

The BLAPL is accordingly disposed of.

It is open to the petitioner to move the trial court for bail afresh after examination of the father and brother of the deceased in the trial.

Urgent certified copy of this order be granted on proper application.

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