IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.9666 OF 2018 BETWEEN:
JCB NARAYANA @ NARAYANA SWAMY S/O LATE HANUMANTHAPPA AGED ABOUT 47 YEARS R/AT NO.203, ‘C’ BLOCK AJMEER GREEN EXCESS AJMEER APARTMENTS, KALENA AGRAHARA BHANERGHATTA ROAD BANGALORE – 560 076.
(BY SRI.RAJASHEKARA R.V., ADVOCATE) AND:
... PETITIONER STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER ELECTRONIC CITY POLICE BANGALORE - 100 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001.
(BY SRI.S.CHANDRASHEKARAIAH, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN S.C.NO.348/2018 ON THE FILE OF THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE WHICH IS MARKED AS ANNEXURE-B WHICH IS REGISTERED AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 120(B), 399, 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri.Rajashekara R.V., learned advocate for the petitioner and Shri.S.Chandrashekaraiah, learned HCGP for the State.
2. Pursuant to the registration of FIR No.400/2013 on 19.10.2013 in Electronic City Police Station against nine accused, police have filed charge sheet against six accused viz., accused Nos.1 to 6 in C.C.No.489/2014 (S.C.No.109/2014). After full-fledged trial, accused Nos.1 to 6 have been acquitted by the learned Magistrate by holding that the prosecution has miserably failed to bring home the guilt of the accused for the alleged offences.
3. Since the petitioner/accused No.7 was absconding, split up charge sheet was filed in S.C.No.348/2018 and he is facing trial in respect of very same offences before the Magistrate.
4. Shri.Rajashekara, learned advocate for the petitioner submits that since six accused persons have already been acquitted in C.C.No.489/2014 (S.C.No.109/2014), the criminal proceedings pending against the petitioner may be quashed.
5. The facts stated herein are not denied by the learned HCGP in his usual fairness.
6. 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. [See, Ashraf K.S. Vs. The State (Crl.P.No.3809/2017 decided on 12.06.2018)].
7. Resultantly, this petition merits consideration and accordingly it is allowed. All proceedings in S.C.No.348/2018 pending on the file of I Additional District and Sessions Judge, Bangalore Rural District, Bangalore are quashed so far as the petitioner is concerned.
No costs.
Sd/- JUDGE Prs* ch.yn.