GUNASHEKAR ALIAS GUNA Vs. STATE BY HALASURU POLICE STATION BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR AND AROGYARAJ

JUDGEMENT

(1.) PETITIONER is accused No. 2 in Cr. No. 47/2006 for the offences punishable under Sections 143, 144, 147, 148, 407, 212, 302 read with 149 IPC. Since the petitioner was absconding split charge sheet was filed against accused 4, 5, 6, 9, 11 to 13, 15, 16, 18 to 22, 24 to 27 in S.C. No. 91/2007, 584/2009 and 1445/2010 on the file of Fast Track Court, Bangalore City. On contest these three cases ended in acquittal. On tracing the petitioner/accused No. 2 he was arrested and a split charge sheet is filed against him in S.C. No. 1183/2008. Petitioner contends that the prosecution is relying on the same set of evidence against him which they had relied in the earlier proceedings against other accused. It is not shown to me as to what is the additional evidence that the prosecution is relying on against these petitioner. In identical circumstances the Supreme Court in JT (2007) 9 SC 31 held as under: A departure may be made in cases where the accused had not surrendered after the conviction in addition to not filing an appeal against the conviction. But as in the present case, after surrender, the benefit of acquittal in the case of co -accused on similar accusations can be extended.

(2.) ACCORDINGLY the petitioner is entitled for acquittal. For the reasons stated above, the following: ORDER