IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.101 OF 2019 BETWEEN:
AMRITH BHANDARY @ AMRITH S/O DAS BHANDARY AGED ABOUT 45 YEARS OCC: BUSINESS R/O KONI HOUSE, NEAR KONI PANCHYATH OFFICE KUNDAPURA TALUK UDUPI DISTRICT-576 201 … PETITIONER (BY SHRI. R.B. DESHPANDE, ADVOCATE) AND:
THE STATE OF KARNATAKA BY SUB-INSPECTOR OF POLICE BARKE POLICE STATION BANTWAL TALUK, D.K.-575 007 (REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU-560 001) ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.2521/2015 (CR.NO.32/2011 OF BRAKE P.S., OF MANGALORE REGISTERED FOR THE OFFENCE P/U/S 399 OF IPC) PENDING ON THE FILE OF THE III-JMFC, MANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Police had received an intelligent information that a team had planned to murder one Padmaraj. Accordingly, Assistant Commissioner of Police deputed police personnel to go to the spot namely, Empire Mall, M.G.Road, Mangaluru City. Police apprehended some of the accused namely, accused No.2, 4, 5, 8, 9, 10, 11, 12 & 13. After investigation, police filed the charge sheet in S.C.No.61/2015 & 62/2015 before Principal District & Sessions Judge, D.K., Mangaluru. Accused No.2, 4, 8, 10, 12 & 13 were tried in SC.No.61/2015 and Accused No.6, 7 & 11 in SC.No.62/2015. Both cases were decided by the learned Sessions Judge, by a common judgment and order dated 14.06.2017, has acquitted the aforesaid accused. Since petitioner was absconding, a split up charge sheet was filed against him in C.C.No.2521/2015.
2. Shri R.B. Deshpande, learned advocate for the petitioner submitted that in all six witnesses were examined on behalf of the prosecution. PWs.1, 2 and 4, who are independent witnesses have turned hostile and PWs.3, 5 and 6 are police personnel. He argued that the learned Trial Judge has recorded that prosecution has failed to prove the guilt of the accused beyond all reasonable doubts and accordingly acquitted the accused in SC.No.61/2015 & 62/2015. Accordingly, learned advocate for petitioner prays that the charges against the petitioner may also be quashed on the ground of parity.
3. Shri Nasuralla Khan, learned HCGP, in his usual fairness, does not dispute the facts stated by the learned advocate for the petitioner.
4. I have carefully considered the submissions of learned advocate for petitioner, learned HCGP and perused the records.
5. This Court has taken a consistent view that when the co-accused have been acquitted, no useful purpose would be served to continue the proceedings against remaining accused facing the very same charges. [See, Ashraf K.S. Vs. The State (Crl.P.No.3809/2017 decided on 12.06.2018)].
6. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.2521/2015 pending on the file of JMFC III Court, Mangaluru, are quashed so far as the petitioner is concerned.
No costs.
Sd/- JUDGE AV