IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.7796 OF 2018 BETWEEN:
NARAYAN SWAMY @ J.C.B. NARAYAN S/O LATE HANUMANTHAPPA AGED ABOUT 43 YEARS R/AT NO.86/A, CHIKKA BEGUR VILLAGE BEHIND ASWATH KATTI NAGARAJU HOUSE BANGALORE – 560 068 … PETITIONER (BY SHRI R.V. RAJASHEKARA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY BY SUBRAMANYAPURA POLICE STATION BANGALORE – 560 076 2. POLICE INSPECTOR C.C.B. (ORGANIZED CRIME WING) N.T.PET, MYSORE ROAD BANGALORE – 560 002 REPRESENTED BY S.P.P., HIGH COURT BUILDING BANGALORE – 560 001 ... RESPONDENTS (BY SHRI S.RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN S.C.NO.857/2015 ON THE FILE OF THE LEARNED LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE WHICH IS MARKED AS ANNEXURE-A WHICH IS REGISTERED AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 3 AND 25 OF ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri R.V. Rajashekara, learned advocate for the petitioner and Shri S. Rachaiah, learned HCGP for the State.
2. Police registered FIR No.10/2008 on 15.01.2008 in Subramanyapura Police station alleging commission of offences punishable under Sections 3 and 25 of Arms Act, 1959 against three accused. Petitioner herein is accused No.2.
3. Police, after investigation have filed the charge sheet against the accused. Petitioner was absconding and a split up charge sheet has been filed against him. Proceedings against accused No.3 stood abated. By judgment and order dated 07.10.2016 in S.C.No.903/2013, learned City Civil & Sessions Judge has acquitted accused No.1 by recording that “prosecution failed to bring home the guilt of accused no. 1 beyond all reasonable doubt”.
4. Learned advocate for the petitioners submits that the prosecution has initiated criminal proceedings against petitioner in S.C.No.857/2015 before the learned Sessions Judge. Since accused No.1 has already been acquitted, the benefit of the said order be extended to him also.
5. Shri S. Rachaiah, learned HCGP, in his usual fairness, does not dispute the facts of the case.
6. A careful perusal of the order passed by the learned Sessions Judge in S.C.No.903/2013 shows that only one witness was examined on behalf of the prosecution and on consideration of the material, learned Sessions Judge has recorded that prosecution has failed to prove the case and acquitted accused No.1.
7. 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)].
8. Resultantly, this petition merits consideration accordingly it is allowed. All proceedings in SC.No.857/2015 pending on the file of LX Additional City Civil and Sessions Judge, Bengaluru, are quashed so far as petitioner is concerned.
No costs.
Sd/- JUDGE AV