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2022 Supreme(Online)(Kar) 43577

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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