IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.4319 OF 2019 BETWEEN NARAYANA SWAMY @ J.C.B. NARAYAN, S/O LATE HANUMANTHAPPA AGED ABOUT 47 YEARS, R/AT NO.86/4, CHIKKA BEGUR, BEGUR HOBLI, BANGALORE - 560 068.
AND PRESENT RESIDING AT NO.203, "C" BLOCK, 2ND FLOOR, AJMER GREEN CITY APARTMENT BHANEERGHATTA ROAD, KALENA AGRAHARA, BANGALORE - 560 076. ... PETITIONER (BY SRI RAJASHEKARA R V, ADVOCATE) AND 1. STATE OF KARNATAKA, BY ELECTRONIC CITY POLICE STATION, BANGALORE - 100.
2. POLICE INSPECTOR, C.C.B (ORGANIZED CRIME WING), N.T. PET MYSORE ROAD, BANGALORE - 560 002, BOTH ARE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALURU – 560 001. ... RESPONDENTS (BY SRI NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN S.C.NO.829/2019 ON THE FILE OF THE LEARNED LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, WHICH IS MARKED AS ANNEXURE-A WHICH IS REGISTERED AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 120(B),399,402 OF IPC AND SECTION 3 AND 25 OF ARMS ACT.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Based on an intelligence information, police registered FIR on 22.07.2011 alleging that some persons had assembled near bus stop on Begur Road, Bengaluru city and preparing to commit dacoity. Police arrested accused Nos.1 to 4. After investigation charge sheet has been filed against accused Nos.1 to 6 for the offences punishable under Sections 120B, 399, 492 IPC read with Section 3 of Arms Act. Accused No.5 passed away. Accused No.6 did not attend the Court. Proceedings were concluded in respect of accused Nos.1 to 4. By judgment and order dated 07.12.2016, learned Sessions Judge has acquitted accused Nos.1 to 4 in S.C. No.1270/2012.
2. Sri Rajashekara R V, learned advocate for the petitioner (accused No.6) submits that petitioner is innocent. He could not attend the Court due to his indisposition.
3. On merits of the case, he submits that prosecution has examined PWs.1 and 2. Both are police officials. Learned trial Judge has held that prosecution has failed to prove the case. Accordingly, he prays that the criminal proceedings against the petitioner may also be quashed on the ground of parity.
4. Learned High Court Government Pleader does not dispute the submissions on facts.
5. Learned trial Judge has recorded in paragraph 11 that prosecution had failed to examine material witnesses and it is unsafe to place reliance on the testimony of PWs.1 and 2. Having so recorded the trial Court has held that the prosecution had failed to prove the ingredients of offences charged against accused Nos.1 to 4 and acquitted them.
6. Charges against all the accused are common. This Court has taken a consistent view when co-accused have been acquitted after full dressed trial, no useful purpose would be served by holding another trial in respect of co-accused.
7. In the circumstances, this petition merits consideration and is accordingly allowed. Proceedings against petitioner in S.C. No.829/2019 on the file of the LXIV Additional City Civil and Sessions Judge, Bengaluru, are quashed.
No costs.
Sd/- JUDGE ykl