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CRL.A No. 100317 of 2021

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 10^TH DAY OF APRIL, 2023

PRESENT

THE HON'BLE MR JUSTICE B.VEERAPPA

AND

THE HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA

CRIMINAL APPEAL NO. 100317 OF 2021

BETWEEN:

STATE OF KARNATAKA

REP. BY THE CIRCLE POLICE INSPECTOR

RURAL CIRCLE, RURAL POLICE STATION

BALLARI DISTRICT, BALLARI

THROUGH THE ADDL. STATE PUBLIC PROSECUTOR

ADVOCATE GENERAL OFFICE

HIGH COURT OF KARNATAKA

DHARWAD BENCH

…APPELLANT.

(BY SRI V.M.BANAKAR, ADDL SPP.)

AND:

VADDE SHEKHAR @ SURESH S/O. SRIRAMULU

AGE 29 YEARS,

R/O. KONDAPALLI VILLAGE

DIST. ANANTHAPUR-515001,

STATE ANDRA PRADESH.

…RESPONDENT

(BY SRI ANWAR BASHA B., ADVOCATE.)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)

AND (3) OF THE CODE OF CRIMINAL PROCEDURE, 1973, SEEKING

TO GRANT SPECIAL LEAVE TO APPEAL AGAINST THE JUDGEMENT

AND ORDER OF ACQUITTAL DATED 18.11.2020, PASSED BY THE

VIJAYALAKSHMI

M KANKUPPI

Digitally signed by

VIJAYALAKSHMI M

KANKUPPI

Location: High

Court of Karnataka,

Dharwad Bench

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CRL.A No. 100317 of 2021

I ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI, IN SESSIONS

CASE NO.36/2016 AND TO SET ASIDE THE JUDGMENT AND ORDER

OF ACQUITTAL DATED 18.11.2020 PASSED BY THE I ADDITIONAL

DISTRICT AND SESSIONS JUDGE, BALLARI, IN SESSIONS CASE

NO.36/2016,

SO

FAR

IT

RELATES

TO

ACQUITTAL

OF

RESPONDENT/ACCUSED NO.3 FOR THE OFFENCE PUNISHABLE

UNDER SECTION 364A READ WITH SECTION 34 OF IPC AND UNDER

SECTION 25(1) OF INDIAN ARMS ACT, AND TO REMAND THE CASE

TO THE TRIAL COURT FOR FRESH HEARING (TRIAL) BY GIVING

OPPORTUNITY TO THE PROSECUTION TO EXAMINE ALL THE

MATERIAL WITNESSES CITED IN THE CHARGE SHEET, ETC.,.

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,

SRI B.VEERAPPA, J, DELIVERED THE FOLLOWING:

JUDGMENT

The present appeal is filed by the State against the

impugned

judgment

and

order

of

acquittal

dated

18.11.2020, passed in S.C.No.36/2016, on the file of I

Addl. District and Sessions Judge, Ballari, acquitting

accused No.3, for the offence punishable under section

364-A read with section 34 of IPC and section 25(1) of the

Indian Arms Act read with section 34 of IPC.

2.

It is the case of the prosecution that accused

No.3 and other persons kidnapped PW.2 Mallikarjun from

his garden land at between 10.30 p.m. on 17.5.2010 and

05.30 a.m. on 18.05.2010 for a ransom of one crore

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CRL.A No. 100317 of 2021

rupees and kept in Kondapalli Hill of Anantpur district in

Andhra Pradesh State. The accused persons telephoning

the family members of PW.2 settled the ransom to fifty

lakh rupees. The accused persons after seeing the arrival

of police party, ran away from the spot leaving PW.2

Mallikarjun on the spot. Thereby, on the complaint made

by PW.1, case was registered under the provisions of

section 364-A read with section 34 of IPC and section

25(1) of the Indian Arms Act read with section 34 of IPC in

Crime No.26/2010 at Moka Police Station.

3.

The charge sheet was filed against accused

Nos.1 to 6 in S.C.No.126/2013. As accused Nos.3, 4, 5

and 6 were absconding, split up charge sheet was filed and

trial was conducted against accused Nos.1 and 2 and the

learned Judge examined the witnesses PWs.1 to 6 and

marked the documents Exs.P.1 to P.5 and acquitted

accused Nos.1 and 2 in the main case.

4.

In the meantime split up charge sheet filed

against accused No.3 was registered in S.C.No.36/2016.

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CRL.A No. 100317 of 2021

While he was absconding, evidence under section 299 of

Cr.P.C. was recorded before securing the presence of

accused. Thereafter accused No.3 was secured before the

Court and the learned Sessions Judge framed the charge.

He pleaded not guilty. In all fairness learned Sessions

Judge should have conducted fresh trial by giving an

opportunity to the accused and proceeded with the case

independently. But unfortunately the learned Sessions

Judge proceeded to acquit