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Judgment
8 paragraphs · 226 wordsSavitri Ratho, J
This application under Section 439 of the Cr.P.C. has been filed in connection with Mudulipada P.S. Case No. 107 of 2023 corresponding to GR Case No. 437 of 2023 which is pending in the Court of learned J.M.F.C., Kudumulugumma for the commission of the offence under section 302 of the IPC against the petitioner.
The prosecution allegations as per the FIR is that on 02.11.2023, Arjuna Sisa, the elder brother the informant had been strangled to death while he was sleeping alone in his house. One year ago, the present petitioner had assaulted his brother with a wooden plank with an intention to kill him, for which the deceased had sustained severe injuries on his head and treated at Koraput hospital. So, the informant and other villagers suspected that the present petitioner may have killed the deceased.
The prayer for bail of the petitioner has been rejected on 22.12.2023 in BA No. 233 of 2023 by the learned Additional Sessions Judge, Malkangiri when investigation was in progress.
Considering the nature of allegations against the petitioner and as the investigation is in progress, I am not inclined to release the petitioner on bail at this stage.
The BLAPL is accordingly dismissed.
It is open to the petitioner to move for bail afresh after completion of the investigation..
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