Orissa High Court
Prasanta Ku. Gouda @ vs State Of Odisha on 24 November, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 760 of 2025
Prasanta Ku. Gouda @ ..... Appellants/Petitioners
Prasanta Kumar Gouda @
Prasanta Gouda
Mr. J. Sahoo, Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Ms. Jateswar Naik, AGA
Mr. L. N. Sahu, Advocate
(for the informant)
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 24.11.2025
I.A. No. 2597 of 2025
04. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for interim bail on the ground
of ailment of the wife of the appellant. Medical documents
supporting the averments taken in the interim application
have been annexed to the interim application.
Heard learned counsel for the appellant and the
learned counsel for the State.
The appellant-petitioner has been convicted under
sections 302/34 read with Section 120(B) of the Indian
Penal Code and was sentenced to undergo rigorous
imprisonment for life and to pay a fine of Rs.20,000/-
(rupees twenty thousand) in default, to undergo R.I. for
six months for the offence under sections 302/34 of the
Indian Penal Code. In addition to that, the appellant-
petitioner was also sentenced to undergo imprisonment
for life and to pay a fine of Rs.10,000/- (rupees ten
thousand), in default to undergo R.I. for four months for
the offence under Section 120(B) of I.P.C. and both the
substantive sentences shall run concurrently, as directed
by the learned 3rd Additional Sessions Judge, Berhampur
in S.T. Case No.144 of 2022 arising out of Digapahandi
P.S. Case No. 145 dated 24.04.2022.
Perused the impugned judgment.
Vide order dated 15.10.2025, learned counsel for the
State was asked to obtain instruction on the interim
application. Today, learned counsel for the State has
produced written instruction received from the Deputy
Superintendent of Police, In-Charge, Digapahandi Police
Station dated 22.10.2025, wherein it is stated that during
enquiry, it is ascertained that Kukuni Gouda, the wife of
the appellant, is suffering from multiple ailments, namely
cholelithiasis and piles, which stand confirmed by an
ultrasound report. The treating doctor has advised
surgical intervention. Certain medicines relating to her
treatment were also found in her residence. It has further
been stated that her financial condition is poor and she
frequently depends on monetary assistance from her
brother. There are no other male members in the
petitioner's family to look after her. The petitioner's
mother is also residing alone in her house at village
Bhismagiri. The written instructions are taken on record.
In view of such report furnished by the learned
counsel for the State, we are inclined to release the
appellant-petitioner on interim bail for a period of one
month from the date of his release. The appellant-
petitioner shall surrender before the learned trial Court on
expiry of one month period.
For the above period, let the appellant-petitioner be
released on interim bail in the aforesaid case on furnishing
bail bond of Rs.20,000/-(rupees twenty thousand) with
one local solvent surety for the like amount to the
satisfaction of the learned trial Court, subject to condition
that while on interim bail the appellant-petitioner shall not
indulge in any criminal activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy of this order as per rules.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
05. Put up this matter in the week commencing from 5th
January, 2026.
Learned counsel for appellant shall file the surrender
certificate of appellant on the next date.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Ashok/Swarna
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 25-Nov-2025 15:56:57
