HUSSAINABBA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner accused No.3 having absconded, the charge sheet was split-up and the Trial court after appreciating the evidence on record, acquitted accused Nos.1, 2, 5 and 6 for the offences punishable under Ss. 143, 144, 147, 148, 341, 504, 506, 302, 307, 326, 120(b), r/w 149 of IPC and Sec. 3, 25(1), 1(b), 7, 25(1), 1(A), 27(3) of Arms Act of Ullal Police Station.

(2.) The learned High Court Government Pleader on receiving instructions submitted that the State intends to file an appeal against the judgment of acquittal.

(3.) The petitioner-accused No.3 is in judicial custody since 7/10/2024 and judgment of acquittal of accused Nos.1, 2, 5 and 6 was after appreciating the evidence of all the prosecution witnesses. The Apex Court in the case of Umesh - vs- State of Kerala, (2017) 3 SCC 112, in the circumstances, where the charge sheet was split up and one of the accused was convicted and rest of the accused were acquitted has observed that the appellant therein is entitled for release on bail and liberty was reserved to file an application for discharge.