KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SRI ABHI @ ABHIJITH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
The petitioner 3 accused No.7 is before this Court calling in
question proceedings in J.C.Cr.No.4/2015, pending before the
Juvenile Justice Board, Mangaluru, registered for the offences
punishable under Sections 143, 147, 148, 341, 504, 506, 324,
326, 307, 395 r/w. 149 of the IPC, arising out of Crime
No.262/2014.
2. Heard Sri Suyog Herele, learned counsel for the
petitioner and Sri K.S.Abhijith, learned High Court Government
Pleader for respondent No.1.
3. The facts of the case at hand need not detain this Court
as the petitioner was one of those many accused who were tried
3
by the learned Sessions Judge in the S.C.No.59/2015. The
learned Sessions Judge by his judgment dated 16.08.2018,
holding that the prosecution has miserably failed to drive home
the offence against the petitioners beyond reasonable doubt,
acquitted all the accused in the said case. The judgment passed
by the learned Sessions Judge insofar as it is germane for
consideration of the present case is as follows:
<29. On the other hand, the accused have taken a
defense that PW-1 and PW-3 had fallen in a ditch when they
were transporting stolen cattle and that they have lodged
false complaint against them. As alr
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