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"The petitioner - accused No.6 is knocking at the doors of this Court in the subject petition calling in question a split charge sheet drawn against him in S.C.No.96/2022 registered for offences punishable under Sections 399 and 402 of the IPC.
2. Heard Sri. Lakshmikanth K., learned counsel appearing for the petitioner and Smt. Sowmya R., learned HCGP appearing for the respondents.
3. Facts in brief, germane, are as follows: On the night of 14.02.2015, an alleged incident leads the petitioner along with others for registration of a crime for offences punishable under Sections 399 and Crl.P.No.5376/2024 dated 19.09.2024 NC: 2026:KHC:16232 HC-KAR 402 of the IPC in Crime No.306/2015. The petitioner is arrayed as accused No.6. The police after investigation file a charge sheet in the said matter and the concerned Court registers S.C.No.423/2015. The petitioner - accused No.6 at the relevant point in time was not available for trial and therefore, the concerned Court tried the other accused and acquitted them on the score that the prosecution has failed to prove the guilt beyond all reasonable doubt. On account of non- availability of the petitioner, the concerned Court draws up a split charge sheet in S.C.No.96/2022 and now is wanting to continue the trial for the aforesaid offences.
"The petitioner is the accused in the case and he is shown to be the absconding. Therefore, the case against the petitioner was split up and charge-sheet was laid against other available accused Nos.1 and 3 for committing an offence punishable under Sections 498A and 307 IPC r/w 34 Indian Penal Code, 1860. After the trial, the Sessions Judge acquitted the accused Nos.1 to 3. The petitioner was arrested and proceedings were revived against him in the split charge sheet.... In the instant case also, the full pledged trial was held against accused Nos.1 to 3, in respect of the same offence. In the second round of trial against the petitioner, the evidence to be produced cannot be different from the one that was produced by the prosecution in the earlier case. Therefore, in that view of the matter, the proceeding is quashed."
ii) The impugned FIR and Charge Sheet in Crime No.7/2018 registered by the respondent - police (Main S.C.No.51/2019 C/w S.C.No.83/2021 and S.C.No.95/2021) split up charge sheet in S.C.No.142/2021 on the file of the III Addl. District & Sessions Judge, Mangaluru, for the offences punishable under Sections 143, 147, 120B, 448, 109, 114, 302, 212 r/w Section 149 of IPC insofar as the