Rama Chandra Kathua vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

The Petitioner is in custody since 30.8.2023 in connection with Khandagiri Town P.S. Case No.166/2023 corresponding to C.T. Case No.535/2023 pending in the Court of learned 2nd Addl. Sessions Judge, Bhubaneswar for the alleged commission of the offence under Sections 498-A/294/323/304-B I.P.C. and Section 4 of the D.P. Act.

The prosecution case is that the Petitioner had married the deceased on 12.4.2019. At the time of marriage several dowry articles were given by the family of the deceased. A male child was also born out of the wedlock. It is alleged that the in-laws of the deceased used to subject her to physical and mental cruelty demanding further dowry, which her father had assured to meet. On the date of occurrence upon receiving information that the deceased had sustained burn injuries, when the nephew of the informant reached the house of the Petitioner, he found his daughter having sustained 90% burn injuries.

Mr. S.K.Sarangi, learned Senior counsel appearing for the Petitioner, submits that the very fact that the Petitioner had also sustained 60% burn injuries and his minor child sustained 25% burn injuries proves that the Petitioner had tried to rescue the deceased who attempted to commit suicide by dousing herself with kerosene and setting herself on fire.

Learned State counsel refers to the case diary and submits that the deceased sustained 90% burn injuries and died on the same day. The Petitioner also sustained 60% injuries and the child sustained 25% injuries. He fairly submits that there is no other material to support the allegation against the Petitioner save and except that he was present at the spot.

Having considered the rival submissions and having perused the materials available in the case diary, this Court finds no direct or indirect material to show the complicity of the Petitioner in the alleged occurrence. On the contrary the fact that the Petitioner himself sustained 60% burn injuries along with his child only supports the contention that he had attempted to rescue the victim when she attempted to commit suicide.

Taking into consideration all the above facts as also the period of detention in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the trial court on each date of posting of the case, failing which it shall be open to the said court to pass necessary orders to take him to custody again by issuing N.B.W.

The BLAPL is disposed of.

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

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