- 1 - HC-KAR NC: 2025:KHC-K:3862 CRL.P No. 200743 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200743 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI CHANDRASHEKHAR S/O KARIBASANAGOUDA PATIL, AGE: 68 YEARS, OCC: AGRICULTURE, R/O DEVALAPURA, TQ. BAILAHONGAL, DIST. BELAGAVI-591102. …PETITIONER (BY SRI SAGAR S. HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY IT’S HIGH COURT ADDITIONAL GOVERNMENT PLEADER, BENCH AT KALABURAGI, THROUGH B. BAGEWADI POLICE STATION, VIJAYAPUR -586203. 2. SRI BHIMANAGOUDA S/O SUBRAYAGOUDA THABBANNAVAR, AGE: 61 YEARS, OCC: AGRICULTURE, R/O YALWAR, TQ. BASAVANA BAGEWADI, DIST. BIJAPURA-586203. …RESPONDENTS (BY SMT. ANITA M. REDDY, HCGP FOR R1; R2 SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3862 CRL.P No. 200743 of 2025 THIS CRL.P. IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, PRAYING TO, QUASH THE PROCEEDINGS IN C.C NO.500/2019, ON THE FILE OF THE CIVIL JUDGE AND JMFC, B.BAGEWADI ARISING OUT OF CRIME NO.163/2014 FOR OFFENCE PUNISHABLE U/SEC 420 R/W 34 OF IPC, REGISTERED BY B. BAGEWADI P.S AND ANY OTHER APPROPRIATE RELIEF THAT, THIS HON’BLE COURT DEEMS JUST AND PROPER IN THE CIRCUMSTANCES OF THE CASE MAY PLEASE BE PASSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Sagar S. Hegde, learned counsel for the petitioner and Smt. Anita M. Reddy, learned High Court Government Pleader for respondent No.1/State. 2. Accused No.2 has preferred this petition with the following prayer: “WHEREFORE, it is most respectfully prays that, - 3 - HC-KAR NC: 2025:KHC-K:3862 CRL.P No. 200743 of 2025 a. The Hon’ble court may be pleased to quash the proceedings in C.C.No.500/2019, on the file of the Civil Judge and J.M.F.C. B. Bagewadi Arising out of Crime No.163/2014 for offence punishable U/se 420 R/w 34 of IPC registered by B. Bagewadi PS. b. Any other appropriate relief that, this Hon’ble Court deems just and proper in the circumstances of the case may please be passed, in the interest of justice and equity.” 3. The petitioner is accused No.2, who stood absconded and trial went against remaining accused in C.C.No.500/2019 and there was an order of acquittal taking note of the fact that the complainant has turned hostile to the case of the prosecution. 4. It is now settled principles of law and requires no emphasis that mere passing of an order of acquittal against the co-accused would not ipso facto entitle the remaining absconded accused, to seek an order of quashing of the pending criminal case. - 4 - HC-KAR NC: 2025:KHC-K:3862 CRL.P No. 200743 of 2025 5. Reserving liberty for the petitioner to urge all available defences including the order of acquittal in respect of the co-accused, the following order is passed: ORDER (a) Criminal Petition is dismissed. (b) In view of disposal of main petition, pending application, if any, does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 41 CT: PK