IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3987 OF 2019 BETWEEN :
SRINIVASA @ SEENA @ KURUP SEENA S/O LATE DORAI RAJU AGED ABOUT 41 YEARS R/AT NO 223, 14TH CROSS G.K.LAYOUT, HOSAROAD BANGALORE-100 ... PETITIONER (BY SHRI. R.V. RAJASHEKARA, ADVOCATE) AND :
STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER ELECTRONIC CITY POLICE BANGALORE-100 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 … RESPONDENT (BY SHRI. K. NAGESHWARAPPA, HCGP) . . . .
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN C.C.NO.10051/2018 ON THE FILE OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, AT BENGALURU, WHICH IS MARKED AS ANNEXURE-A WHICH IS REGISTERED AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 120B,399 AND 402 OF IPC.
THIS CRL.P COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned Advocate for petitioner submits that after investigating into FIR No.400/2013, Electronic City Police Station filed charge sheet against eight persons. Petitioner is accused No.8. Since petitioner absconded, accused No.1 to 6 were tried in S.C. No.109/2014. They have been acquitted by judgment and order dated 7th September, 2015 passed by the learned Trial Judge. In paragraph No.12 of the judgment, the learned Trial Judge has recorded that prosecution has miserably failed to bring home the guilt of the accused.
2. Shri.R.V.Rajashekara, learned Advocate for petitioner submits that this Court by order dated 10th January 2019 in Criminal petition No.9666/2018 has quashed proceedings against accused No.7.
3. The above submissions on facts made by learned Advocate for petitioner are not disputed by learned HCGP.
4. I have carefully considered the submissions of the learned Advocate for petitioner and perused the records.
5. Six out of eight accused have been acquitted by learned Sessions Judge holding that prosecution has ‘miserably failed’ to bring home the guilt of accused. Proceedings against seventh accused have been quashed by this Court. Therefore, no useful purpose would be served by subjecting the petitioner to undergo trial, as the allegations levelled against all accused are common in nature.
6. Resultantly, this petition merits consideration and accordingly it is allowed. The proceedings against petitioner in S.C.No.147/2019 pending on the file of I Additional District and Sessions Judge, Bangalore Rural District, Bangalore, are quashed.
No costs.
Sd/- JUDGE SPS