SANTHOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. by the petitioner-accused No.4 praying this Court to quash the proceedings initiated against him in a split up case registered in C.C.No.230/2016 pending on the file of Addl.Civil Judge and JMFC, Puttur, Dakshina Kannada district.

(2.) I have heard the learned counsel for the petitioner and the learned Addl.SPP for respondent ? State. Though, notice is served to 2nd respondent, he has remained absent.

(3.) The case of the prosecution in brief is that on 24.08.2014 at about 6.45 p.m., the accused by constituting an unlawful assembly with a common intention came holding deadly weapons in a motor cycle bearing registration No.KA-19 R-7254 and in a Jeep bearing registration No.KA-21-6868 and they restrained a Bolero Max Pick Up vehicle bearing registration No.KA-21 A-9982, in which the complainant and two eye witnesses were traveling and abused them in a filthy language and pulled down the complainant from the said pick up vehicle with an intention to take away the life of the complainant, accused No.1 assaulted on his head with a stone and when he fell down, accused Nos.2 to 6 assaulted him on his face, back, waist, head and legs with clubs and caused bleeding injuries. Immediately, he was shifted to the Hospital and statement of the injured was recorded. A case was registered and investigation was taken up. After completion of investigation, charge sheet has been filed. Since the petitioner who was accused No.4 was absconding, a split up charge sheet has been filed against him.