- 1 - NC: 2025:KHC-K:1942 CRL.P No. 200558 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200558 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SAMEER S/O JAFFAR DARGA, AGE: 30 YEARS, OCC: COOLIE, R/O INDIRA NAGAR, 15 NO. SCHOOL, DIST. VIJAYAPUR-586104. …PETITIONER (BY SRI MOINAKHTAR NADAF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE PSI, BASAVAN BAGEWADI PS, VIJAYAPUR, REP. BY THE ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. BHEEMSHEE SHAVANTREVVA CHALAWADI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O CHEERALDINNI, TQ. B.BAGEWADI ROAD, DIST. VIJAYAPUR-586104 …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; V/O DTD. 26.03.2025, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1942 CRL.P No. 200558 of 2025 THIS CRL.P. IS FILED U/SEC. 528 OF BNSS, PRAYING TO, ALLOW THIS PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN S.C. NO.181/2021 FOR THE OFFENCE PUNISHABLE U/SEC. 392 OF THE INDIAN PENAL CODE WHICH IS PENDING BEFORE THE COURT OF 2ND ADDL. DISTRICT AND SESSIONS JUDGE, VIJAYAPUR IN BASAVAN BAGEWADI POLICE STATION CRIME NO.413/2014. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by accused No.4 seeking to quash the proceedings in S.C.No.181/2021 for the offence punishable under Section 392 of IPC. 2. Heard Sri Moinakhtar Nadaf, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1/State. 3. It is the submission of the learned counsel for the petitioner that there were four accused persons in Crime No.413/2014. The accused Nos.1 to 3 have been acquitted in Sessions Case No.37/2017. The petitioner, - 3 - NC: 2025:KHC-K:1942 CRL.P No. 200558 of 2025 being accused No.4 was not present during the trial which was held in respect of accused Nos.1 to 3. As against the petitioner, a split-up charge sheet has been filed in S.C.No.181/2021. Having considered the acquittal in S.C.No.37/2017, passed against accused Nos.1 to 3, in respect of the same set of facts and allegations, the petitioner may also be granted the same relief in order to avoid multiplicity of the proceedings. Making such submissions, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader vehemently submitted that though the facts of the case appear to be same, the overt-act of the petitioner is different from that of other accused. Therefore, it is not appropriate to extend the benefit of acquittal passed against other accused to this petitioner. Making such submissions, he prays to dismiss the petition. 5. Having heard the learned counsel for the respective parties and also perused the findings of the Trial Court in recording the acquittal in respect of accused - 4 - NC: 2025:KHC-K:1942 CRL.P No. 200558 of 2025 Nos.1 to 3, it is necessary to state the facts in brief. On 22.12.2014 at about 12-30 in the afternoon, on the road leading from Basavan Bagewadi to Muttagi, near Murarji Desai School, when the complainant was standing along with C.W.6 Karimsab and C.W.7 Parashuram near APCM Yard, Basavan Bagewadi to proceed towards Chiraladinni village, accused Nos.1 to 4 stated to have gone to the said place in an auto rickshaw, which belongs to accused No.1 bearing its No.KA-28/C-0965 and took the complainant in the said auto rickshaw stating that they would drop him to his place and thereafter accused No.1 by pointing a knife to the complainant, threatened him and tried to extort the money and he stated to have succeeded in getting amount of Rs.43,000/- from the complainant. Thereafter, the accused persons stated to have fled away from the spot. 6. On reading of the above said facts and also the findings in respect of acquittal passed against the other accused, I am of the considered opinion that the petitioner herein is standing on the better footing than the other - 5 - NC: 2025:KHC-K:1942 CRL.P No. 200558 of 2025 accused, who availed the benefit of acquittal. Therefore, it is appropriate to extend the said benefit to the petitioner. 7. In the light of the observations made above, I proceed to pass the following ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in S.C.No.181/2021 for the offence punishable under Section 392 of Indian Penal Code, pending on the file of the II Additional District and Sessions Judge, Vijayapur in Crime No.413/2014 of Basavan Bagewadi Police Station is quashed. In view of disposal of the main petition, I.A.No.1/2025 filed for stay does not survive for consideration. Accordingly, stands disposed of. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 11 CT:PK