From Our Special Correspondent

Daijiworld Media Network

Bengaluru, Aug 31: In A major setback to the prosecution in the investigation in the murder case of Fr K J Thomas, the then Rector of St Peter’s Pontifical Seminary in Bengaluru on the Easter midnight of April 1, 2013, the Karnataka High Court has quashed the second additional charge-sheet filed against six accused, including four Catholic priests.

Justice Anand Byrareddy, who on Tuesday delivered his order that was reserved pertaining to the appeal against the second additional charge-sheet filed on December 26 last year against the six accused persons, one of whom Fr Chowrappa Selvaraj alias Chasara had died on March 16, quashing the proceedings in the Additional City Metropolitan Magistrate’s Court in the Fr K J Thomas murder case.

The single-judge High Court bench headed by Justice Anand Byrareddy in his order allowed the petitions filed by Fr Anbu John, Fr A Thomas, Fr I Anthappa, B A Anthony Prasad, Raphael Raj and Rita Rini, Editor of Kannada journal Mathukathe. Staunch Kannada protagonist Fr Chowrappa Selvaraj alias Chasara had died on March 16 and his funeral was held on the following day in the city.

Fr K J Thomas

"In the present case, when the case sought to be made out against accused number 1 to 4 itself was on the basis of circumstantial evidence, the case against the petitioners, who are sought to be arraigned as accused number 6 to 12 (accused number 8 is dead), stands even more diluted. This is especially so when it is noticed that the additional statement of witnesses referring to the association of the present petitioners with accused number 1 to 5 does not by itself make out a case against the accused," the order said.

Further, the High Court has held that "the half-hearted initiation of proceedings against the petitioners, after a considerable time, when the statement of witnesses on which reliance was placed in presenting the additional charge-sheet, was already available when the main charge-sheet was filed, is another circumstance that would militate against the proceedings being initiated against the petitioners."

Leading lawyers C H Hanumantharaya, senior advocate B V Acharya and R P Chandrashekar had appeared on behalf of the petitioners accused in the second additional charge-sheet.

Of the four priests accused in the second additional charge-sheet, the High Court had granted conditional bail to Fr I Anthappa due to his advanced age and health conditions. While Fr Chowrappa Selvaraj alias Chasara had died in March this year, the other accused were recently granted bail by the High Court.

In the first charge-sheet filed in 2014, five persons were accused in the murder of the Rector and three persons, including two priests Fr William Patrick and Fr Elias Daniel, and a lay person Carmel Peter were arrested. Two other persons listed as accused in the murder of the Rector and identified simply as Swamy and Francis are absconding.

Fr William Patrick, who was the Parish Priest of St Francis Church, Kengeri, and Carmelite priest Fr Elias Daniel had been granted bail by the Supreme Court on July 25.