IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.4198 OF 2019 BETWEEN:
1. STEPHEN @ STEPHENRAJ @ MUKADI S/O DOMANIC, AGED ABOUT 24 YEARS R/AT THERASAMMA BHADAVANA STREET, BEGUR, BANGALORE SOUTH TALUK, BANGALORE – 560 068.
2. VIGHNESH S/O RAJU, AGED ABOUT 20 YEARS, R/AT NEAR GANGAPARAMESWARI TEMPLE, KORAMARAPALYA, BEGUR, BANGALORE SOUTH TALUK, BANGALORE – 560 068.
…PETITIONERS (BY SHRI RAJASHEKARA R.V., ADVOCATE) AND:
STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER, ELECTRONIC CITY POLICE-100 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 002.
(BY SHRI S. RACHAIAH, HCGP) … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENIDNG IN C.C.NO.3264/2018, PENDING ON THE FILE OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, BANGALORE CITY, BANGALORE WHICH IS REGISTERED AGAISNT THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 399, 402 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Rajashekara R.V., learned advocate for petitioners and Shri S. Rachaiah, learned HCGP for respondent.
2. Complainant filed FIR No.145/2017 for the offences punishable under Sections 399 and 402 of IPC registered in the Electronic City Police Station on 21.05.2017. Police, after investigation, filed the charge sheet. Petitioners absconded and did not appear before the trial Court. Therefore, trial was conducted and concluded against accused Nos.2 to 6. By judgment and order dated 20.03.2019, learned IX Additional District and Sessions Judge, Bengaluru Rural District has acquitted the said accused. A split- up charge sheet was filed against accused Nos.7, 8, 9 and 10 in C.C.No.3264/2018. After conclusion of trial of accused Nos.2 to 6, petitioners (accused Nos.7 and 8) have presented this petition for quashing the criminal proceedings against them on the ground of parity.
3. Learned advocate for petitioners submitted that in all six witnesses have been examined before the Trial Court on behalf of the prosecution. Adverting to paragraph No.21 of the judgment, he pointed out that learned trial Judge has recorded that PWs.1, 2 and 4 have not explained on what basis they decided that accused were found at the spot with an intention to commit dacoity. He has further recorded that the said witnesses have also not explained the weapons possessed by each accused while preparing to commit dacoity as mentioned in the mahazar. Learned Trial Judge has recorded that the testimony of PWs.1, 2 and 4 did not inspire confidence to hold that accused had gathered on the alleged date for the purpose of committing dacoity. There is no discussion with regard to the other witnesses. Learned advocate for the petitioners argued that in view of findings recorded by the learned trial Judge, no useful purpose would be served by conducting trial against the petitioners. Accordingly, he prayed for allowing this petition.
4. Learned HCGP, in his usual fairness, submitted that this Court has taken a consistent view that where the charge against all accused is common in nature and when some of the accused have been acquitted after a full fledged trial, the benefit of the said judgment may be extended to the other accused.
5. I have carefully considered rival contentions and perused the records.
6. Shri Rajashekara, is right in his submission, that the learned Trial Judge has recorded that testimony of PWs.1, 2 and 4 has not inspired confidence of the Trial Court to hold that accused had gathered for the purpose of committing dacoity. There is no discussion with regard to the deposition of PWs.3, 5 and 6.
7. Though Shri Rachaiah, submits that this Court has taken a consistent view to extend the benefit of judgment to the acquittal of some of the accused after a full fledged trial, who stand on a similar footing, it is relevant to note that petitioners who are aged 24 and 20 years have absconded and not appeared before the Court. No explanation is forthcoming as to why they remained absent from the proceedings. Such conduct by the accused results in expenditure on the State. Further, the time of the Court is also spent in holding second set of trial based on the charge sheet.
8. Having come to the conclusion that no useful purpose would be served in continuing the criminal proceedings against the accused, it has become expedient to curb the attitude of accused to remain absent before the trial Court. The multiplicity of proceedings costs enormous amount of judicial time and loss to exchequer.
9. In the result, the following:
ORDER (i) Petition is allowed. All Proceedings in C.C.No.3264/2018 pending on the file of learned Chief Judicial Magistrate, Bengaluru, are quashed.
(ii) Petitioners shall pay cost of Rs.5,000/- (Rupees Five Thousand) in the name of Registrar General of this Court.
(ii) Registry shall issue certified copy of this order upon payment of costs.
Sd/-
JUDGE ca