IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8582/2018 BETWEEN:
NARAYAN SWAMY @ J.C.B NARAYAN S/O LATE HANUMANTHAPPA AGED ABOUT 42 YEARS R/AT NIO.86/4, CHIKKA BEGUR VILLAGE AND HOBLI BOMMANAHALLI BANGALORE SOUTH TALUK BANGALORE-560068.
... PETITIONER (BY SRI. RAJASHEKHARA R.V, ADVOCATE) AND:
STATE OF KARNATAKA BY CENTRAL CRIME BRANCH POLICE CENTRAL CRIME BRANCH (OCW) (PARAPPANA AGRAHARA POLICE) N.T. PET, MYSORE ROAD BANGALORE-560002 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560002.
... RESPONDENT (BY SRI. S.C HANDRASHEKHARAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN C.C.NO.7088/2012, ANNEXURE-B ON THE FILE OF THE LEARNED 1ST ACMM, AT BANGALORE CITY, BANGALORE WHICH IS REGISTERED AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 399, 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Rajashekhara R.V. learned Advocate appearing for petitioner and Sri. S. Chandrashekharaiah, learned HCGP appearing for the State. Perused the records.
2. Petitioner, who is arraigned as accused No.6 in C.C.No.7088/2012 has sought for quashing of the proceedings contending interalia that in respect of very same incident FIR which came to be registered in Crime No.51/2011 against six persons including petitioner herein for the offences punishable under Sections 399, 402 IPC, came to be tried insofar as accused Nos.1 to 5 in S.C.No.390/2012 and they have been acquitted after a full fledged trial. Hence, contending that petitioner is placed similarly as that of accused Nos.1 to 5 and split up charge sheet having been filed against petitioner, it is contended by Sri. Rajashekhara, learned counsel appearing for petitioner that no fruitful purpose would be served by continuing the proceedings against petitioner particularly when allegations against petitioner is same, similar and identical to the allegations made against accused Nos.1 to 5, who have been tried and acquitted after a full fledged trial and as such he prays for proceedings pending against petitioner being quashed. He also submits that since petitioner has been apprehended by executing NBW issued by jurisdictional Court and is now in judicial custody. His submission is placed on record.
3. Having heard the learned Advocates appearing for parties and on perusal of judgment passed in S.C.No.390/2012 by Fast Tract Court-IX, Bangalore City, it would indicate that it is the definite case of prosecution that on 25.02.2011 at about 9.30 p.m. accused Nos. 1 to 5 along with accused No.6 with a common intention had unlawfully assembled to commit dacoity holding two knives, chopper and chilly powder and were sitting in a car bearing registered No.KA-51-M- 3236 and thereby they have committed the offence punishable under Sections 399, 402 r/w 34 IPC. On said allegations accused Nos.1 to 5 came to be tried and acquitted by judgment rendered on 03.01.2013. As could be seen from the judgment, allegations made against petitioner herein, who is accused No.6, is same, similar and identical to the allegations made against accused Nos.1 to 5. As such, continuation of proceedings against accused No.6 would be waste of judicial time and no purpose would be served. On the other hand, petitioner will have to undergo ordeal of trial and even proceeded with it would not yield any positive results and as such, it would be abuse of process of Court.
Hence, I proceed to pass the following;
ORDER (1) Criminal petition is hereby allowed.
(2) Proceeding pending in C.C.No.7088/2012 on the file of I Additional Chief Metropolitan Magistrate, Bangalore, registered against petitioner for the offences punishable under Sections 399, 401 IPC stands quashed.
(3) Petitioner is acquitted for the above said offences.
(4) Petitioner is ordered to be released forthwith, if not required in any other case.
SD/- JUDGE RU