Karnataka HC Quashes Murder Case Against Accused To Save Judicial Time After Witnesses Turned Hostile In Separate Trial Against Co-Accused

The Karnataka High Court has quashed a murder case against an accused after the co-accused in the case who were tried while the accused was absconding, came to be acquitted by the trial court.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Vishwanath Koraga Shetty and quashed the proceedings pending against him for the offences punishable under Sections 143, 147, 148, 504, 120B, 302, 201 r/w Section 149 of IPC and Sections 3 and 25 of the Indian Arms Act.

The petitioner is accused No.10 in the crime. All the other accused were tried before the Court of Sessions and came to be acquitted on the score that the witnesses had turned hostile and the prosecution had failed to prove the guilt beyond all reasonable doubt.

At the relevant point in time, the petitioner was unavailable for trial. Therefore, the concerned Court drew up a split-up charge sheet against him.

On going through the records the bench said, “The reasons so rendered by the concerned Court would undoubtedly enure to the benefit of the petitioner as well, since all the witnesses have turned hostile. If all the witnesses have turned hostile qua other accused, it cannot be said that if trial against the petitioner is continued, they would depose in favour of the prosecution. In that light, permitting further trial against the petitioner, for eventuality of acquittal would be a waste of precious judicial time.”

Accordingly, it allowed the petition.

Appearance: Advocate Nishit Kumar Shetty, for Petitioner.

HCGP Sowmya R for Respondent.

Citation No: 2024 LiveLaw (Kar) 424

Case Title: Vishwanath Koraga Shetty AND State of Karnataka Case No: CRIMINAL PETITION NO. 9746 OF 2024

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