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2024 Supreme(Online)(Kar) 44968

KARNATAKA HIGH COURT
VISHAL M.P. – Appellant
Versus
STATE OF KARNATAKA – Respondent


ORDER

Heard Smt Bhatmal Shirin Shabbisbhai, appearing on behalf of Sri Mento Issac, learned counsel for the revision petitioner and Sri M.R. Patil, learned High Court Government Pleader for respondent/State.

2. Revision petition is filed by accused No.4 in S.C.No.1309/2017, challenging the order of rejecting to discharge accused No.4 from the sessions case.

3. Facts in brief which are utmost necessary for disposal of the revision petition are as under:

Upon the complaint lodged by Sri Mahesh Kumar S/o Late Nagaraj, Bayyappanahalli police have registered a case in Cr.No.358 of 2016 on 26.12.2016 for the offence punishable under Sections 302 r/w Section 34 IPC.

4. The gist of the complaint averments reveal that the brother of complainant by name Girish was found dead in the intervening night of 25/26.12.2016, near the walking path of Byrasandra Tank. The injuries found on the dead body show that the injuries could have been caused with the sharp edged weapons.

5. On the basis of suspicion, a complaint came to be lodged against Tejas and his friends. Police after registering the case, conducted thorough investigation. During the course of the investigation, based on the voluntary statement

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