L. R. BHUVANESWARA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner/accused No.12 seeking to quash the order dated 04.05.2016 in S.C.No.110 of 2012, which is pending for trial against him on the file of LXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-64) and discharge the petitioner/ accused for the offences punishable under Sections 302, 201, 120B read with 34 of the Indian Penal Code, whereas relating to the aforesaid crime, the case in S.C.No.380 of 2010 is pending for trial against the remaining accused. But the petitioner herein is a split-up accused No.12 in Crime No.99 of 2009. Subsequent to tracing of the petitioner herein, split-up charge-sheet has been laid by the Investigating Officer in S.C.No.110 of 2012 for the offences, which reflected in the charge-sheet.

(2.) Heard Shri N.T.Nanaiah, learned Senior counsel appearing for the petitioner/accused No.12 through video conference and the learned HCGP appearing for Respondent No.1/State who is physically present before the Court.

(3.) The brief facts of the case is that on 21.08.2009 at about 4.15 p.m., because of a message received from Control room, one M.K.Manjanna went near the Lake and found a dead body of an unknown person and on the report of M.K.Manjanna, a case was registered in U.D.R.No.19 of 2009 at Gangammana Gudi Police Station, Bengaluru and on 02.09.2009, one Manjannanavar also found a dead body in U.D.R.No.14 of 2009 at Bagaluru Police Station, Bengaluru. Later on, both the cases were transferred to C.C.B., Bengaluru for investigation and consequently, the case in Crime No.99 of 2009 came to be registered and laid the charge-sheet against the accused in C.C.No.32158 of 2009 and so also in C.C.No.36817 of 2010 and C.C.No.32158 of 2009 in respect of the accused persons for the offences punishable under Sections 302, 201, 120-B read with Section 34 of I.P.C., which reflected in the FIR said to have been recorded by the Investigating Agency in Crime No.99 of 2009. But the petitioner herein was absconding and during the course of the investigation, he was traced and based upon the voluntary statement of the co-accused, the petitioner has been arraigned as accused No.12 in the aforesaid crime. Thereafter, split-up chargesheet has been laid against accused No.12 in S.C.No.110 of 2012. The co-accused in S.C.No.380 of 2010 have been facing trial and almost all the witnesses, i.e., PWs.1 to 31 have been examined on the part of the prosecution. But none of the witnesses have supported the case of the prosecution relating to the overt-acts attributed against the accused persons and no materials are recovered against the petitioner herein. As this contention is also taken by the learned Senior Counsel appearing for the petitioner but the entire materials collected by the Investigating Agency do not make out any prima-facie case against the petitioner herein that he had been involved with the other accused in committing the alleged offences. But based upon the voluntary statements of the co-accused, the petitioner herein arraigned as accused No.12 and then proceeded with the case for trial in S.C.No.110 of 2012.