Rukmani Pani @ Rukmani & Ors. vs State Of Odisha

G. Satapathy, J.

This is an application U/S.5 of the Limitation Act by the appellants for condonation of delay of 129 days in preferring the appeal.

Heard, Mr. Biraja Prasanna Nanda, learned counsel appearing virtually for the appellants and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim despite being duly intimated as apprised by learned Addl. PP.

For the reasons stated therein in the IA, the prayer for condonation of delay stands allowed and, accordingly, the delay of 129 days in preferring the appeal is, hereby, condoned. Hence, the IA No.1724 of 2026 stands disposed of.

This criminal appeal in the nature of bail U/S.14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) is directed against the impugned order dated 14.11.2025 passed in TR Case No.133 of 2025 by which the learned Additional Sessions Judge-Cum-Special Judge, Koraput, has refused to grant bail to the appellants in connection with Nandapur PS Case No.99 of 2025, for commission of offence punishable U/Ss.140(1)/103(1)/238(b)/ 61(2)(a)/3(5) of BNS r/w Section 3(2)(va) of the Act, on the main allegation of abducting of the deceased Somnath Jani belonging to “SC” category and committing his murder, along with co-accused persons and disposing the dead body by entering into conspiracy with each other.

Heard, Mr. Biraja Prasanna Nanda, learned counsel appearing virtually for the appellants and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim despite being duly intimated as apprised by learned Addl. PP.

After having considered the rival submissions upon perusal of record, there appears allegation against the appellant No.2-Jitru @ Jitu Gouda for abducting the deceased and committing his murder as well as disposing the dead body, whereas the allegation against the appellant No.1-Rukmani Pani @ Rukmani Pani Kandhapani Rani Priti is for entering into conspiracy by calling the deceased to a place and there appears no allegation against the appellant No.1 for either participating in abduction of the deceased or killing him. The appellants are in custody since 06.08.2025, but in the meantime, some witnesses have already been examined. Further, the appellant No.1 is a lady and she is thereby entitled to the proviso appended to Section 480 of BNSS. In the aforesaid premises and on consideration of materials placed on record, this Court while not being inclined to grant bail to appellant No.2-Jitru @ Jitu Gouda, considers it proper to admit the appellant No.1-Rukmani Pani @ Rukmani Pani Kandhapani Rani Priti to bail.

Hence, the CRLA stands allowed in part and the impugned order is, hereby, set aside to the extent of refusal of bail to appellant No.1. Consequently, the appellant No.1-Rukmani Pani @ Rukmani Pani Kandhapani Rani Priti is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-Five Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions except cash surety as deem fit and proper by it.

Needless to say, it is open for the appellant No.2-Jitru @ Jitu Gouda to renew his prayer for bail before the learned trial Court under the changed circumstance of examination of some of the witnesses.

A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.