[Cites 2, Cited by 0]
Orissa High Court
Kabula @ Krushna Priya vs State Of Odisha on 13 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.305 of 2015
Kabula @ Krushna Priya .... Appellant(s)
Singh
Represented by Adv.-
Mr. Sujit Kumar Acharya,
Advocate
-versus-
State of Odisha .... Respondent(s)
Represented by Adv.-
Ms. P.S. Nayak,
Additional Govt. Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 13.03.2026
(Hybrid mode)
I.A. No. 2363 of 2024
26. 1. This is an application for bail moved by the
appellant-Kabula @ Krushna Priya Singh.
2. The appellant-Kabula @ Krushna Priya Singh has
been convicted under sections 302/34 of the Indian
Penal Code and was sentenced to undergo rigorous
imprisonment for life and to pay a fine of Rs.10,000/-
(rupees ten thousand) in default, to undergo R.I. for one
year for the offence under sections 302/34 of the Indian
Penal Code, as directed by the learned Sessions Judge,
Kendrapara in S.T. Case No.72 of 2012 arising out of
G.R. Case No. 296 of 2011.
3. The custody certificate sought for by this Court
and placed on record by the Jail Superintendent,
Athagarh indicates that the convict-appellant has
already undergone 13 years 9 months and 11 days as
on 27.11.2025. The IIC, Pattamundai, Model Police
Station has also filed a report dated 10.12.2024, inter
alia stating that the convict-appellant is involved in two
more cases.
Pursuant to the disclosure of the criminal
antecedents, the wife of the convict-appellant has filed a
comprehensive affidavit dated 20.02.2026 disclosing
that in both the cases the appellant has already been
acquitted. She has also placed on record the judgment
of the learned Asst. Sessions Judge, Kendrapara dated
27.06.2013 passed in S.T. Case No. 4/211 of 2013 and
the judgment dated 27.01.2014 passed by the learned
Sessions Judge, Kendrapara in S.T. Case No. 19 of
2012. Perusal of both the judgments reveals that the
convict-appellant has been acquitted in both the cases
for want of evidence.
4. Heard Mr. Sujit Kumar Acharya, learned counsel
for the convict-appellant and Mr. P.S. Nayak, learned
counsel for the State-respondent.
5. Learned counsel for the appellant has pointed out
that although the informant (P.W.4), who was the eye
witness, in his testimony has directly implicated the
present appellant in the instant case, however, his
testimony is not trustworthy. P.W.4 has deposed that
the incident took place 15 to 20 cubits away from the
place he was watching the T.V. He saw his deceased
brother along with some friends; namely, Dillip Sethi,
Mitu Das, Chaguli and Bapi were taking cold drinks. On
hearing hulla, when he turned down, he found that
some unknown persons were exchanging words with his
deceased brother and all on a sudden one of the
accused persons fired to his deceased brother to his
right side ribs below the arm pit, and another person
assaulted to the head of his brother. In paragraph-3 of
the examination-in-chief he further clarified that the
present appellant has fired his brother and the other
accused person, namely, Guria Das @ Ajay Das @
Gurucharan Das had assaulted his brother and dealt kick
blows. Accused Biswa Ranjan Rath was present at the
spot and took away the other accused persons in his
motor cycle. But in the cross-examination, when this
witness was confronted as to why he has not disclosed
the overt act of the appellant to the police, he has
denied those suggestions.
P.W.9 is the I.O. of the present case. He in his
cross-examination in paragraph-17 has stated as
under:-
"17. It is a fact that P.W.4 had not stated
before me that the deceased proceeded ahead
to attend phone call and that on hearing the
sound of firing he proceeded to the spot and the
accused persons namely Kabula and Guria
assaulted the head of the deceased by using the
bott of the rifel and that the deceased fell down
by the side of a vehicle. P.W.4 has disclosed the
name of the accused persons after ascertaining
the same from Dillip Sethi who was also present
at the spot. P.W.4 has not specifically stated
before me that accused Kabula fired at his
brother, accused Guria assaulted and dealt kicks
to his brother and accused Ratha took away
other accused persons in his motor cycle. P.W.4
has not specifically disclosed the name of the
friends who those were taking cold drinks prior
to the incident. It is a fact that P.W.7 has not
stated before me that the deceased came to him
in an injured condition and that the deceased
fell down by the side of a vehicle and that the
accused Kabula was standing by the side of
accused Gurucharan. P.W.7 has stated that a
car was there near the betel shop and deceased
Gora was standing nearby."
6. On 27.07.2015, the co-accused Ajay Das @
Gurucharan Das has been admitted to bail, whereas on
30.07.2015, another co-accused Biswaranjan Rath has
been enlarged on bail.
7. Regard being had to the period of more than 14
years custody of the convict-appellant, nature of
evidence and the fact that the co-accused persons have
already admitted to bail in the year 2015 and moreover
the appeal is not likely to be taken up in the near future,
we are inclined to enlarge the convict-appellant on bail.
8. Let the convict-appellant Kabula @ Krushna Priya
Singh be released on bail in the aforesaid case on
furnishing bail bond of Rs.50,000/-(rupees fifty
thousand) with one local solvent surety for the like
amount to the satisfaction of the learned trial Court,
subject to condition that while on bail the appellant shall
not indulge in any criminal activities in any manner and
any other condition to be imposed by the learned trial
court as deem fit and proper in the facts and
circumstances of the case.
9. Violation of any of the terms and conditions shall
entail cancellation of the bail.
10. Accordingly, the I.A. is disposed of.
11. Issue urgent certified copy of this order as per
rules.
(Manash Ranjan Pathak)
Judge
(Sibo Sankar Mishra)
Ashok
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 17-Mar-2026 18:37:03
