BAGAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is accused No.6 has sought for quashing of the entire case registered against him in Split Up CC No.552/2014 on the file of the I Addl. Civil Judge & JMFC-I, Vijayapur, for the offence punishable under Sections 147, 148, 109, 302 read with 149 of IPC and Sections 25 of the Indian Arms Act.

(2.) It is an undisputed fact that the petitioner along with other five accused persons by names Sushil, Vijayakumar, Muralingappa, Vasudev and Shashidhar have committed the murder of the deceased Suresh. A charge-sheet has been laid by the police and this petitioner was shown as absconding accused. The case was registered against A1 to A5 in SC No.55/2014 on the file of the Fast Track Court, Vijaypur and vide judgment dated 17.1.2015, all the other accused persons were acquitted by the Sessions Court. It is also not in dispute that the State has not taken up any decision to prefer an appeal against the said judgment.

(3.) The learned High Court Government Pleader appearing for the respondent (State) submits that decision was taken by the Government not to prefer any appeal against the said judgment. The order of the Government dated 30.3.2015 is perused.