SHIVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) "Whether the proceeding in S.C.No.1159/2018 on the file of LIX Additional City Civil and Sessions Judge, Bengaluru against the petitioner amounts to abuse of the process of the Court?"? is the question involved in this case.

(2.) Petitioner is accused No.7 in S.C.No.1159/2018 arising out of Crime No.225/2013 of Chandra Layout police station. The petitioner and accused Nos.1 to 6 were charge sheeted in the case for the offences punishable under Sections 143, 147, 341, 504, 323, 363, 307 read with Section 149 of IPC on the basis of the complaint of CW.1 Prashanth.

(3.) It is alleged that on 26.05.2013 at about 9.30 p.m. due to some previous ill-will, when CW.1 was proceeding near 8th Cross, Shivanandanagara accused waylaided him and kidnapped him on motorbike took him near Shakthi Garden, Kalyanagar. It was further alleged that accused Nos.1 to 7 assaulted CW.1 with stone and attempted to commit his murder.