Supreme Court Cancels Bail for Ex-MP N. Bhaskar Rao in 2010 Tribal Leader Murder Case, Mandates Surrender
Dr.Badal Tah,Odishabarta
Rayagada, October 29: In a major legal setback for former Rajya Sabha MP N. Bhaskar Rao and his co-accused, the Supreme Court of India has quashed the regular bail granted to them in connection with the December 2010 abduction and murder of tribal leader Bhagirathi Mandangi. A division bench of Justices Sanjay Kumar and Sanjeev Sachdeva directed all accused to surrender before the Sub-Divisional Judicial Magistrate (SDJM), Rayagada, within two weeks, declaring that the Orissa High Court exceeded its statutory jurisdiction by engineering their release.
Following the ruling, the Adibasi Mahasangha held a press conference at Hotel Kailash in Rayagada. Convenor Basanta Ullaka termed the decision a “historic victory,” stating that while justice was delayed due to manipulative legal maneuvers by the accused, the apex court has restored faith in the judicial process.
All bail orders issued by the SDJM Rayagada on January 30, 2026, stand quashed, and existing bail bonds and sureties are canceled. The Supreme Court ruled that once a High Court rejects anticipatory bail under Section 438 of the CrPC, it has no authority to dictate post-surrender release terms to the trial court. The lower court’s discretion to assess the case diary, the severity of murder charges, and potential witness tampering was unlawfully stripped by the High Court’s directives. Belated cross-petitions filed by the accused to challenge their initial anticipatory bail denial were dismissed as an opportunistic attempt to “steal an advantage.” The accused remain free to apply for regular bail afresh before the competent trial court, which must evaluate the plea strictly on legal merit without influence from earlier High Court observations.
Disposing of pre-arrest bail pleas, the Orissa High Court refused anticipatory bail. However, under Paragraph 19, it issued mandatory directions compelling the SDJM Rayagada to grant regular bail immediately upon surrender on a ₹50,000 bond. Operating under the binding mandate of the High Court, the SDJM Rayagada released N. Bhaskar Rao and co-accused on regular bail upon surrender. Jagannath Mandangi, brother of the deceased tribal leader, approached the Supreme Court challenging the “back-door” relief mechanism sanctioned by the High Court. The Supreme Court set aside the High Court’s directions, nullified the SDJM’s bail order, reprimanded the accused for procedural abuse, and ordered their mandatory surrender within 14 days.
“Once the High Court came to the conclusion that no case was made out for grant of anticipatory bail, it was not for the High Court to direct as to how the future should unfold. The High Court not only advised the respondents as to their next course of action but also decided and dictated the terms on which they were to be granted bail by the trial Court.”
The bench emphasized that such mechanical instructions reduce the magistrate’s independent judicial role to a rubber stamp, setting a dangerous precedent in grave offenses involving murder and criminal conspiracy.
