S.K. VIJAY SARATHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner arrayed as accused no.8 is apprehending arrest in C.C.No.1035/2013 (Crime No.5/2013) pending committal on the file of JMFC at Kundapur. The offences alleged against petitioner are punishable under Sections 120-B, 143, 144, 147, 148, 341, 302, 201 r/w 149 IPC.

(2.) IT is contended by the petitioner that there is no prima-face case against petitioner and petitioner has been implicated on the basis of confessional statements made by the other accused. The investigation records filed along with the final report do not reveal nexus between petitioner and offences alleged against him.

(3.) THE learned Government Advocate has filed following objections: The petitioner is shown as accused no.8 and he is absconding. He was not available during investigation. The mobile used during commission of offences has to be recovered from the petitioner. The call details of mobile phone used by the petitioner would reveal that he was in touch with other accused prior to and after the incident of murder of deceased Vasudev Adiga. Accused no.3 has given extra-judicial confession, which would reveal complicity of accused no.8. The statements of CW.49-Ramakrishna Udupa, CW.50- Lingadevaru and CW.51-Mahesh Bhat would reveal that accused no.1 to 3 had conspired at 8.30 a.m., on 04.01.2013 in the house of accused no.3 at Bangalore, which was just three days prior to the date of incident. Before the date of incident, accused no.1 had met six persons near Kalmane on the way to Aralu Surali and those persons had reached that place in Black Scorpio and Safari vehicles. The petitioner (accused no.8) is required to hold a test identification parade. The materials collected during investigation and recovery of incriminating articles recovered during investigation would prima-facie indicate involvement of accused no.8 in the commission of murder of Vasudeva Adiga. The call details so far obtained would reveal that accused no.8 was in touch with accused no.7 on the date of incident. The Mobile Phone and SIM Card are to be recovered from the possession of accused no.8 who is absconding.