IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.397/2017 BETWEEN:
RAVI S/O CHANDRASEKHAR AGED ABOUT 30 YEARS NO.65, 2ND CROSS VIDYANAGARA TUMKUR ROAD BANGALORE - 560 057 …PETITIONER (BY SRI VISHWANATH M.P., ADVOCATE) AND:
PEENYA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SRI S.RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS AGAINST ACCUSED NO.6/PETITIONER ABOVE NAMED IN S.C.NO.899/2014 OF RESPONDENT PEENYA POLICE FOR THE OFFENCES P/U/Ss. 143, 147, 148, 307 R/W 149 OF IPC PENDING ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Shri Vishwanath M.P., learned Advocate for the petitioner and Shri S.Rachaiah, learned High Court Government Pleader for the State.
2. Pursuant to the registration of FIR.No.475/2010 on 11.07.2010 in Peenya Police Station, the Police after investigation have filed charge sheet against six accused persons in SC.Nos.153/2011 and 536/2012 for the offences punishable under Sections 143, 147, 148, 307 read with Section 149 of IPC. The trial was conducted in respect of accused Nos.1, 2, 4 and 5. By judgment dated 17.09.2012, the learned XVI Fast Track Sessions Judge, Bengaluru city acquitted the said accused. Since petitioner was absconding, a split up charge sheet was filed against him and the proceedings are pending in SC.No.899/2014.
3. Learned advocate for the petitioner submits that since accused Nos.1, 2, 4 and 5 have been acquitted on merits after full fledged trial, continuance of criminal proceedings against the petitioner are unnecessary and prays that same be quashed.
4. The facts stated above are not denied by the learned High Court Government Pleader in his usual fairness.
5. 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)].
6. Resultantly, this petition merits consideration accordingly it is allowed. All proceedings in S.C.No.899/2014 pending on the file of the Principal City Civil & Sessions Judge, Bengaluru city, are quashed, so far as petitioner is concerned.
7. In view of disposal of the petition, I.A.No.1/2017 does not survive for consideration and the same is also disposed of.
No costs.
Sd/- JUDGE LB