Orissa High Court
Kona @ Kuanr @ Karuna vs State Of Odisha on 13 October, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.154 of 2024
Kona @ Kuanr @ Karuna .... Appellant/
Hansda Petitioner
Mr. Satya Narayan Mishra 4,
Amicus Curiae
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Aurobinda Mohanty,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 13.10.2025
I.A. No.252 of 2025
04. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail.
Heard Mr. Satya Narayan Mishra 4, learned
Amicus Curiae appearing for the petitioner and Mr.
Aurobinda Mohanty, learned Additional Standing
Counsel appearing for the State.
The appellant-petitioner Kona @ Kuanr @
Karuna Hansda has been convicted under section 302
of the Indian Penal Code and sentenced to undergo
imprisonment for life and to pay a fine of Rs.5,000/-
(Rupees five thousand), in default, to undergo R.I. for
six months more for the offence under Section 302 of
the Indian Penal Code by the learned Sessions Judge,
Mayurbhanj, Baripada in S.T. Case No.132 of 2021.
As per the order dated 20.09.2025, learned
counsel for the State has produced the written
instruction dated 23.09.2025 received from the Senior
Superintendent, Circle Jail, Baripada, which shows
that the conduct and behavior of the petitioner
towards the co-inmates and the staff of the jail is
normal and there is no adverse report against him.
The said written instruction is taken on record.
Learned counsel for the petitioner submitted that
the petitioner was taken into the judicial custody in
connection with this case on 26.01.2021 and he was
granted bail by this Court during the trial and after
pronouncement of the judgment on 29.08.2024, he
was again taken into judicial custody. Learned counsel
for the petitioner also pointed out from the record that
the petitioner is having no criminal antecedent. He
submits that the occurrence in question took place on
24.01.2021 and the F.I.R. was lodged on 25.01.2021
for the offence punishable under section 307/34 of the
Indian Penal Code against the petitioner and his
daughter. The charge sheet was submitted only
against the petitioner. The deceased died on
26.02.2021, which is more than a month after the
occurrence, but the Investigating Officer (P.W.13) has
not stated anything as to why he did not take any
steps for recording the Dying Declaration of the
deceased while he was undergoing treatment in the
S.C.B. Medical College & Hospital, Cuttack, even
though he came to know about the shifting of the
deceased to the S.C.B. Medical College & Hospital,
Cuttack on 05.02.2021. The case is based on the
solitary testimony of the eye witness, P.W.6, who is a
child witness. Learned counsel submits that there is
good chance of success in the appeal and the balance
of convenience is in his favour. There is no likelihood
of the appeal being taken up for early hearing in the
near future, therefore, the bail application may be
favourably considered.
Learned counsel for the State, on the other
hand, placed the evidence of the eye witness (P.W.6),
which shows that the petitioner is related to the
deceased. He also placed the evidence of the doctor
(P.W.10), who conducted the post mortem
examination over the dead body and noticed the
injury on the head and opined that the cause of death
is due to the head injury and shock.
Considering the submissions made by the
learned counsel for the respective parties, the nature
of evidence available on record and the fact that the
petitioner was on bail during the trial and absence of
any material that he has misutilised the liberty while
on bail during the trial, absence of any criminal
antecedent against the petitioner and also the jail
conduct of the petitioner as produced by the learned
counsel for the State, we are inclined to release the
petitioner on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal 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.
The order be communicated to the learned trial
Court and copy of this order be also handed over to
the learned counsel for the State, which will be
forwarded to the concerned Jail Superintendent.
Accordingly, the I.A. is disposed of.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
Signed
Signed by: SUBHASIS MOHANTY Judge
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 13-Oct-2025 19:14:20
