IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.7407 OF 2018 BETWEEN:
GOUTHAM S/O. VENKATESH AGED ABOUT 28 YEARS R/AT NO. 237, NEW MISSION ROAD RAMANNA GARDEN BENGALURU-27 … PETITIONER (BY SHRI. K.N. CHANDRAPPA ADVOCATE) AND:
1. STATE OF KARNATAKA STATION HOUSE OFFICER CCB (OCW) POLICE STATION BANGALORE-560 001 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNTAKA BANGALORE-560 001 2. PAGLWAN S/O KRISHNA MURTHY AGED ABOUT 26 YEARS R/AT NO.131, RAMANNA GARDEN NEW MISSION ROAD BACK TO POORNIMA TALKIES J.C.ROAD, BANGALORE-27 ... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING S.C.NO.1071/2017, PENDING IN THE FILE OF THE HON'BLE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-59) AS AGAINST THE PETITIONER HEREIN: WHEREIN THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO.16 FOR THE ALLEGED OFFENCES UNDER SECTION 120(B), 143, 147, 148, 302, 201 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER After investigation into FIR No.357/2012 registered in Electronic City Police Station, Police filed the charge sheet against 16 accused for offences punishable under Sections 120B, 143, 147, 148, 201, 302 read with Section 149 of IPC. Accused No.1-15 were tried in SC.No.607/2013. As many as 23 witnesses were examined on behalf of the prosecution and 48 exhibits were marked. After a full fledged trial, learned trial judge has acquitted accused No.1 to 15 by recording that prosecution has failed to prove the charges levelled against the accused beyond all reasonable doubt. Since, petitioner was absconding, a split up charge sheet has been filed against him for the very same offences in SC.No.1071/2017.
2. Shri K.N. Chandrappa, learned advocate for the petitioner submits that accused No.1 to 15 having been acquitted by the learned trial judge, no useful purpose would be served in continuing proceedings against the petitioner herein and accordingly prayed for allowing this petition.
3. Smt. K.P. Yashodha, learned HCGP, in her 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 the petitioner, learned HCGP and perused the records.
5. The allegations against all accused are common in nature. After a full fledged trial, accused No.1 to 15 have been acquitted by the learned trial judge. 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 when the charges are common against all accused. [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 S.C.No.1071/2017, pending on the file of LVIII Additional City Civil and Sessions Judge at Bangalore (CCH-59), are quashed so far as the petitioner is concerned.
No costs.
Sd/- JUDGE AV