THE STATE OF KARNATAKA Vs. GOVINDA

JUDGEMENT

(1.) Though matter is listed for admission, heard the learned High Court Government Pleader for final adjudication.

(2.) Facts relevant for the adjudication of this petition is the petitioner police charge sheeted respondent (absconding accused No. 4) and 4 others in respect of the offence punishable under sections 399 and 402 of IPC. Since three of the accused absconded, their case was split up and the court proceeded with trial of A-1 and A-5, and they were acquitted vide judgment dated 15.6.2015. Subsequently, A-2 and A-3 were tried and acquitted of the charges vide judgment dated 16.2.2012. Thus, the case of the respondent-sole accused was split up and NBW was ordered, but he could not be traced. On 15.12.2015 after hearing the public prosecutor, the concerned Court passed the impugned order. The last para of the order reads thus:

(3.) The learned Trial Court to reach the above conclusion has placed reliance on the following decisions: