MOHAMMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though matter is listed for orders, by consent of learned counsel appearing for parties, it is taken up for final disposal.

(2.) Petitioner, who has been arraigned as accused No.16 in the first charge sheet which came to be filed in C.C.No.1630/2003 is before this Court for quashing of the proceedings pending against him in C.C.No.310/2014 (split up charge sheet) contending interalia that in respect of all other accused, jurisdictional Courts have acquitted them after a full fledged trial and petitioner who stands on same footing as that of acquitted accused is entitled for same relief of acquittal by applying the principles of parity. Hence, he seeks for allowing the petition.

(3.) Sri S.Rachaiah, learned High Court Government Pleader appearing for the respondent-State sought to contend that in the event of this Court quashing the proceedings which are initiated against petitioner who is accused for the offences punishable under Sections 143, 147, 148, 341, 504, 506, 323, 324 and 427 read with Section 149 of IPC and Section 2(A) of Karnataka Prevention, Destruction and Loss of Property Act, 1981, it would send a wrong message in the Society as it would amount to granting a premium by way of acquittal for having absconded from trial. Hence, he prays for rejection of the petition.