(1.) The petitioner-accused No.2 is sought to be prosecuted for the offences punishable under Ss. 201, 380, 411 r/w 34 of IPC.
(2.) The case of the prosecution is that, during the month of February 2004 accused No.1 committed theft of 275 BMTC bus passes of Rs.20.00 each from the Manipal press when he was working as helper in Manipal Press Ltd. The accused No.2 fully knowing that the bus passes were stolen had received the same from accused No.1 for money, and thereby committed the offence punishable under Sec. 411 of Cr.P.C.
(3.) The petitioner herein who was absconding, the charge sheet was split up, and the Trial Court after conducting trial against accused No.1 and after appreciating the evidence on record, acquitted accused No.1 on the ground that the prosecution has failed to prove the guilt of the accused beyond all reasonable doubts.