Karnataka HC ends murder trial in 1979 case [Read Order]

Karnataka: The Karnataka High Court has said permitting a trial, which would be of no utility would only be an exercise in futility, while ending trial against a 68-year-old man in a murder case registered 44 years ago.

Justice M Nagaprasanna allowed the petition filed by Chandra alias Chandrashekar Bhat.

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“If facts are noticed, the impossibility of conviction of the petitioner looms large. Therefore, if acquittal is imminent in a trial, permitting such trial against the accused would be nothing but a waste of precious judicial time. Thus, ends the oldest case, in the criminal justice system, of the state, perhaps, which is 44 years old,” the bench said.

The Udupi police had registered this case on June 8, 1979. The prosecution case was that there was a dispute with regard to a land belonging to Admar Math in Udupi where one Seetharama Bhat was a tenant.

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Bhat and one Kitta alias Krishnappa allegedly stabbed Narayanan Nair and another person Kunhirama, who succumbed to injuries in hospital.

Bhat and Kitta were convicted while two other accused Sanjeeva Handa and Basava Handa were acquitted. In the appeal proceeding, Kitta was acquitted while Bhat’s conviction was upheld.

The petitioner, son-in-law of Sanjeeva Handa, claimed that he was employed from 1979 till 2022 in Bengaluru. He was neither summoned nor warrant served on him.

He filed an application before Principal District and Sessions Judge, Udupi, seeking anticipatory bail when he came to know that Udupi police were searching for him. He approached the HC after this application was rejected.

Chandra said reasons rendered by the trial court while acquitting the two should be applied to him.

The government counsel said the petitioner was absconding throughout, and therefore, a split charge was drawn in 1980.

The High Court, however, said of the four accused who stood trial, two were acquitted for not being identified by eyewitnesses. The court said the one who was convicted had completed his sentence and is out of prison.

“The witnesses who deposed 44 years ago are impossible to be secured today and reasons rendered by the court qua other accused who are acquitted are straightaway applicable to the petitioner as his identification for driving home the presence of the petitioner in the alleged scene of crime is extremely doubtful. It would only be a waste of judicial time which is too precious today if petitioner is permitted to be tried,” Justice Nagaprasanna said.

The court quashed the proceedings initiated in the case related to 1979 criminal case.

[Read Order]