HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.4365 of 2009 ORDER: This criminal petition is filed by the petitioner-Accused No.1 seeking to quash the Crime No.160 of 1995 of P.S. Humayun Nagar Police Station, Hyderabad. 2. The brief facts that led to filing of the present petition are that the petitioner herein and five others are accused in Crime No.160 of 1995 of Humayun Nagar Police Station, Hyderabad, registered on 28.07.1995 for the offences punishable under Sections 302 and 120-B IPC. As the petitioner was Abroad, he could not be apprehended. But however, the other accused were apprehended, and after completion of investigation, charge sheet was filed against them, and after committal, the same was numbered as S.C.No.55 of 1998 on the file of the III Addl. Metropolitan Sessions Judge, Hyderabad. The learned Sessions Judge, having considered the evidence adduced on behalf of the prosecution, while extending the benefit of doubt, acquitted the other accused, by judgment dated 30.04.2004. In the light of acquittal of other accused, the petitioner herein-A.1 approached this Court and filed the present criminal petition. 3. Heard both sides. 4. According to the learned counsel for the petitioner, the petitioner has come to know of the crime, when he came back to India recently and that all the prosecution witnesses turned hostile and there is absolutely no evidence, as such, it is not desirable for the petitioner to face the hurdles of facing trial, etc. 5. Having considered the submissions of the learned counsel for the petitioner, this Court perused the judgment dated 30.04.2004 passed by the learned III Addl. Metropolitan Sessions Judge, Hyderabad, in S.C.No.55 of 1998 and the contention advanced by the learned counsel for the petitioner that the prosecution witnesses turned hostile, is true. However, the petitioner could not be apprehended for the reason that he was Abroad. When once some of the accused were tried and the Court below extended the benefit of doubt and acquitted them, the said benefit, in normal circumstances, should go to the other accused who have not been apprehended. But, herein is a case where the petitioner was neither arrested nor did he face trial. 6. In the above circumstances, this Court feels that it is desirable that the petitioner surrenders himself before the competent criminal court and moves an application seeking regular bail, and on such application, the said court shall consider the same and pass appropriate orders, taking the fact of acquittal of the other accused in S.C.No.55 of 1998 on the file of the III Addl. Metropolitan Sessions Judge, Hyderabad, into consideration. 7. Accordingly, the Criminal Petition is disposed of. _______________________________ GOPALA KRISHNA TAMADA,J 15th June, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.4365 of 2009 (Disposed of) Date:15-06-2010 CBS