SHRIKANTH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of the entire proceedings in S.C. No. 91/2015 on the file of the III additional Sessions Judge, Vijayapura, for the offences punishable under Ss. 143, 147, 148, 302 r/w. Sec. 149 of IPC.

(2.) I have heard the arguments of the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent -State, and carefully perused the records.

(3.) The records disclose that the Kolhar police have registered the case in Crime No. 19/2008 against some unknown persons for the offences punishable under Ss. 143, 147, 148, 302 r/w. Sec. 149 of IPC. During the course of investigation, they found that the Accused Nos. 1 to 5 are responsible for the death of the deceased Basanagouda of Masuti village. The charge sheet came to be filed against five accused persons and this petitioner is Accused No. 2 (A1 in split -up case). A case has been registered in S.C. No. 83/2009 showing this petitioner as absconding. The other accused Nos. 1, 3 & 4 were tried by the Sessions Judge and they were acquitted vide judgment dated 25.01.2010. It is an undisputed fact that the State has not preferred any appeal against the said judgment.