K.N.PHANEENDRA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Perused the records. The petitioner was arrayed as accused No.2 in Spl. Case (Elect) No.1/2012 on the file of Prl. Sessions Judge, Kodagu, Madikeri, subsequently accused Nos.2 to 4 were split up from the said case and separate cases were registered as they were absconding at that particular point of time.

(2.) It is contended by the petitioner's counsel that earlier original case filed against accused Nos.1 to 4 has been proceeded against accused No.1, after splitting up accused Nos.2 to 4 from the array of accused. In Spl. Case (Elect) No.1/2012 accused No.1 has been acquitted by the trial Court by giving benefit of doubt and also as the complainant himself has not supported the case of the prosecution.

(3.) It is seen from the records that the State of Karnataka through PSI Madikeri Rural Police Station laid a charge sheet against the petitioner and other co-accused persons, registering a case against them in Crime No.91/2007 for the offences under Section 379 of Indian Penal Code and also under Section 136 of the Indian Electricity Act.