HRUDANANDA MALLICK Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS is an application filed by the petitioner under section 438 Cr.P.C. seeking pre -arrest bail in connection with Khandagiri P.S. Case No.394 of 2014 corresponding to C.T. Case No. 3125 of 2014 pending in the court of learned S.D.J.M., Bhubaneswar for alleged commission of offence under sections 306/34 IPC.

(2.) ON 9.8.2014 Dr. D.N. Satpathy, Casualty Medical Officer, Capital Hospital, Bhubaneswar sent a casualty memo through special messenger, to Khandagiri Police Station indicating therein that one Trinath Mohanty (hereinafter "the deceased") was2 brought by his wife Mamata Mohanty on 8.8.2014 at about 11.00 p.m. for consuming poison and he expired at casualty at about 2.30 a.m. on 9.8.2014. On the basis of such report, Khandagiri P.S. U.D. Case No.60 of 2014 was registered. The Sub -Inspector of Khandagiri Police Station, Bhubaneswar conducted inquest over the dead body at Capital Hospital and sent the dead body for post - mortem examination. The post -mortem was conducted at the Capital Hospital and the cause of death was kept reserved awaiting viscera examination report. The Sub -Inspector of Khandagiri Police Station, Bhubaneswar seized one suicidal note of the deceased from his pocket during inquest in presence of the witnesses.

(3.) ON 12.8.2014 Mamata Mohanty who is the wife of the deceased lodged First Information Report before the Inspector -inCharge, Khandagiri Police Station, Bhubaneswar alleging therein that the deceased was serving in L & T Company and he had given dealership of the L & T Company to accused Sandeep Samantaray @ Jitu. The company expressed dissatisfaction over the conduct of the deceased and ousted him from the service.