THE STATE OF KARNATAKA Vs. GANESH SHETTY

JUDGEMENT

(1.) HEARD learned High Court Government Pleader and learned counsel appearing for the respondent -accused.

(2.) THE briefs facts of the case are as under: -

(3.) IT appears that after disposal of the Sessions Case, wherein all the accused were acquitted, accused No. 4 came out and voluntarily surrendered before the police. Separate case in S.C. No. 46/2014 was registered against him. When the case was posted for hearing before charge, he filed an application under section 227 Cr.P.C. for his discharge on the ground that all other accused have been acquitted of all the charges levelled against them after a full dressed trial, all the independent witnesses have turned hostile. It is further contended in the application that if once again trial is held against accused No. 4 with same quality of evidence, no useful purpose would be served. It is mere waste of precious time of the court.