T. MUTTU KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is the accused No. 1 in Crime No. 120/2009 for the offences punishable under Sections 302, 394 r/w 34 of IPC. The investigation is completed and charge sheet was filed for the offences punishable under Sections 302, 120(B), 177, 182 r/w 34 of IPC. Since the petitioner was absconding the Sessions Judge proceeded against accused No. 2 to 4 in S.C. No. 130/2010 and the same ended in acquittal vide Judgment dated 27th August 2012. Now, the prosecution has filed a split charge sheet against accused No. 1/petitioner in C.C. No. 24564/2009 and re -numbered as 24222/2010. Aggrieved by the initiation of charge sheet against the petitioner, the petitioner is before this Court under Section 482 of Cr.P.C. seeking quashing of the proceedings on the ground that he is entitled for the benefit of judgment of acquittal of accused Nos. 2 to 4. During the pendency of this proceedings, the petitioner surrendered before the jurisdictional Magistrate and he is now in Judicial Custody.

(2.) THE prosecution relied on some evidence before the Sessions Judge in S.C. No. 130/2010 and the same was assessed, appreciated and evaluated by the Sessions Judge resulting in acquittal of accused Nos. 2 to 4. Now, the prosecution is relying on the very same set of evidence against the petitioner/accused No. 1.

(3.) IN view of the law declared by the Apex Court, the petitioner is entitled for benefit of acquittal passed against accused Nos. 2 to 4. Accordingly, the proceedings against the petitioner in C.C. No. 24564/2009 on the file of the XI Addl. C.M.M., Bangalore City are hereby quashed. Immediately the petitioner shall be released.