IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6570 OF 2015 BETWEEN:
G. Shashidhar, Aged about 33 years, S/o. Late Gangadhara, R/a. No.37/1, 1st Cross, 1st Main, Thavarekere, Bengaluru – 560 029. …Petitioner (By Sri. Shashidhar G., Petitioner-Present) AND:
1. Rangaswamy, S/o. Late Malige Gowda, Aged about 45 years, R/at Purabyravanahalli Village, K Hosakote Hobli, Alur Taluk, Hassan District.
2. State of Karnataka, Rep. by the Station House Officer, Alur Police, Hassan District. ...Respondents (By Sri. I.S. Pramod Chandra, SPP-II for R2; R1 - served and unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.188/2014 in Crime No.241/2012 of Alur Police Station, pending on the file of the Civil Judge and JMFC, Alur.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard petitioner/party-in-person and the learned SPP-
II for respondent No.2. Respondent No.1 is served and unrepresented.
2. The petitioner is a practicing advocate. He is arrayed as accused No.15 in C.C.No.188/2014 arising out of Crime No.241/2012 of Alur Police Station, pending on the file of the Civil Judge and JMFC, Alur.
3. The substance of accusation in the charge sheet is that on 01.10.2012 at about 11.45 P.M. all the accused Nos.1 to 15 were the members of the unlawful assembly and were armed with deadly weapons like stone, bricks and knife and assaulted CW-1 to 6 causing grievous injuries. It is further stated that accused No.4 stabbed CW-1 with a knife.
4. The petitioner/party-in-person submits that accused Nos.1 to 14 faced trial in S.C.No.158/2014 and accused Nos.1 to 11 and 13 and 14 have been acquitted vide considered judgment and order dated 16.03.2018. Accused No.2 died during the pendency of the case.
5. The overt-acts alleged in the charge sheet indicate that common allegations are made against all the accused including the present petitioner that he is also one of the members of the unlawful assembly. In view of the fact that accused Nos.1 to 11 and 13 and 14 are already acquitted by the learned Sessions Judge on the same charges, it is futile to try the petitioner on the same set of evidence which is found to be insufficient to sustain the similar charges against the co-accused. That apart, the allegations made against the petitioner in the charge sheet as well as the material produced in support thereof do not even prima-facie make out the ingredients of the offences under Sections 143, 147, 148, 307, 324 r/w 149 of IPC in so far as petitioner is concerned. The material allegations are directed against accused No.4. Even the said accused is acquitted by the trial Court.
Therefore, having regard to all the above facts and circumstances of the case, in order to sub-serve the ends of justice, petition deserves to be allowed. Accordingly, the petition is allowed. The proceedings pending against the petitioner/accused No.15 arising out of Crime No.241/2012 in C.C.No.188/2014 on the file of the Civil Judge and JMFC, Alur, are hereby quashed.
Sd/- JUDGE SV/-