PRAKSAHA ALIAS DHARMA PRAKASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned State Public Prosecutor. The petitioner is stated to be accused No. 41. He is implicated in the alleged murder of one BML Krishnappa, who is stated to have been shot to death while being chased in a car and dashing against his car, he was shot to death by accused No. 1, who was assisted by 25 to 30 persons.

(2.) ALLEGATION against the present petitioner is that, he had (inspired with the co -accused on the basis of the material that has been gathered by the prosecution. There is no overt act against the petitioner, but the first of the prosecution objection to the petitioner being granted any relief is that he was required for custodial interrogation and since most of the accused are absconding, there is a little clue for the prosecution to proceed against the main accused and therefore, it is essential that the petitioner surrenders before the investigating authorities and assist the investigating authorities in establishing the case. If the petitioner is really innocent, he has nothing to fear and that the investigating authorities would treat him with due regard if it is in fact established by him that he was not in any manner involved in the incident or with the other accused.