SANDEEP ALIAS C. VARGHESE Vs. STATE BY KARNATAKA (THROUGH BYAPPANAHALLI POLICE) REP. BY ITS SPP HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is accused No. 4 in Cr. No. 245//2010 for the offences punishable under Section 399 and 402 IPC. Since the petitioner was absconding a split charge sheet was filed against accused 2, 5 and 6. On contest the trial Court vide judgment dated 14.02.2012 in S.C. No. 224/2011 acquitted accused No. 2, 5 and 6. Respondent police have now traced the petitioner and filed a split charge sheet in S.C. No. 262/2012 for the same offences. Further the prosecution is relying on the same evidence which they have relied in S.C. 224/2011 against accused 2, 5 and 6. In the circumstances, the petitioner is seeking extension of benefit of acquittal to him. 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. It is brought to my notice that accused is arrested and he is in custody. Therefore the petitioner is entitled for benefit of acquittal in S.C. No. 262/2012. Accordingly, the petition is hereby allowed. The proceedings in S.C. 262/2012 are hereby quashed. The petitioner is to be released forthwith.