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Justice Served Swiftly: Karnataka HC Frees Suspect After Co-Accused Walk Free
In a pragmatic move to preserve judicial resources, the has quashed proceedings against Praveen D @ Madhu @ Maddy , accused No.14 in a high-profile double case. Single-judge bench of Justice M. Nagaprasanna ruled on , granting the petitioner parity with his co-accused, who were acquitted earlier due to glaring prosecution lapses.
Roots of Revenge: The Deadly Clash Behind Crime No. 151/2019
The saga traces back to at Jayaprakash Nagar Police Station, Bengaluru. Prosecutors alleged that Praveen and 20 others formed an to Varun and Thamma Manja in revenge for the killing of Tablet Raghu , brother of prime accused Narendra (Accused No.1). Thamma Manja was previously implicated in Raghu's and an assault on Praveen.
Charges included serious offenses under IPC Sections 143, 144, 147, 148 ( and ), 341 (), 302 (), 120B (), 427 () , plus . After investigation, a charge sheet led to Sessions Case No. 1529/2021. While available accused faced trial and were acquitted on , absconders like Praveen prompted a split charge, landing him in judicial custody.
Battle in Court: Parity vs. Full Trial
Petitioner's counsel, , argued for quashing under Section 482 CrPC (now Section 528 BNSS), emphasizing identical allegations against all. With Accused Nos. 1-13 and 15-21 acquitted for lack of proof, Praveen deserved the same fate—no point in a redundant trial doomed to fail.
The State, via , pushed back: absconders like Praveen must face a "full blown trial" to prove innocence, dismissing calls for indulgence.
Cracking the Circumstantial Code: Why the Prosecution Crumbled
Justice Nagaprasanna meticulously dissected the Sessions Court's acquittal rationale, rooted in Supreme Court precedents on circumstantial evidence. Citing and , the bench stressed that circumstances must form an unbroken chain excluding innocence. 's "" were invoked: fully established facts consistent only with guilt, conclusive tendency, excluding alternatives, complete chain.
The Sessions Court found homicidal deaths proven via post-mortems (PWs 5, 8, 17, 60). But prosecution pillars collapsed: - Motive and Conspiracy : Uncontested prior enmity, but conspiracy inferred solely from a disputed —panch witnesses disowned it. - Recoveries : Panchas (PWs 27, 29, 30, 46, 47) turned hostile; no photos/videos bolstered police claims. - Witness Support : Only cops and the autopsy doctor stood firm; independents deserted.
"Prosecution fails to prove
, presence and participation... no cogent, coherent or convincing evidence,"
the Sessions Court held, acquitting all tried accused.
Echoing this, the High Court noted: even a trial for Praveen
"would end up in acquittal."
To avert wasted time, proceedings stand quashed.
Spotlight Quotes: The Court's Sharp Insights
"The concerned Court holds that the independent witnesses have not supported the case of the prosecution and the prosecution has miserably failed in driving home the guilt ."(Sessions Court order, para 8)
"Except the unproved no evidence is available to prove allegedly hatched by the accused to eliminate Thamma Manja."(Sessions Court, para 61)
"It is to save precious judicial time, I deem it appropriate to accept the petition and obliterate the proceedings against accused No.14."(High Court order, para 9)
Liberty Restored: Quashment and Release
The petition succeeded:
(i) Proceedings in S.C. No. 1529/2021 quashed qua petitioner.
(ii) Petitioner entitled to liberty.
(iii) Jail authorities directed to release him.
This ruling underscores efficiency in split-charge scenarios, potentially sparing courts redundant trials when evidence craters against groups. While other Karnataka HC decisions affirm timely bail compliance (e.g., surety on deadline not barring release), here the focus is unyielding: failed prosecution binds all equally.
A win for parity, a lesson in evidence's fragility.
