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2025 DAILYLAW 16519 (KAR)

PREETH K G v. STATE OF KARNATAKA BY

CRL.P/1464/2024 · 2025-01-09

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:715 CRL.P No. 1464 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1464 OF 2024 BETWEEN: PREETH K G, AGED ABOUT 38 YEARS, S/O GOKULDAS, PRESENTLY AT BUILDING NO. 2375/1 PLOT NO. 148, BLOCK NO.264, STREET NO. 6426, GHALA INDUSTRIAL AREA SULTANATE OF OMAN. ADDRESS AS PER CHARGE SHEET, KAILADATH HOUSE, KUNDALIYUR POST, TIRUCHUR DISTRICT, KERALA STATE. …PETITIONER (BY SRI SIJI MALAYIL, ADVOCATE) AND: 1. STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE STATION, REP. BY THE SPP, HIGH COURT BUILDING, BENGALURU-560 001. 2. MIRANDA COLLEGE OF NURSING, REP. BY ITS PRINCIPAL HAVING OFFICE AT C.A 29, 5TH PHASE, K.H.B COLONY, YELAHANKA NEW TOWN, BENGALURU-560 064. …RESPONDENTS (BY SRI VINAY MAHADEVIAH, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN S.C.NO.1327/2010 FOR THE ALLEGED OFFENCE P/U/S 395 AND 506 OF - THE IPC, 1860, NOW PENDING BEFORE THE LD. LXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-66). Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:715 CRL.P No. 1464 of 2024 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner/accused No.4 seeks quashing of the proceedings in SC No.1327/2010 for alleged offences punishable under Sections 395 and 506 of IPC pending on the file of learned LXV Additional City Civil and Sessions Judge, Bengaluru (CCH 66). 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. Learned counsel for the petitioner submits that in relation to the aforesaid offences, along with the petitioner/ Accused No.4, four others are arraigned as accused Nos. 1,2,3 and 5 and SC No.183/2010 filed against them ended in an acquittal vide judgment dated 31-3-2011. Therefore, he submitted that by virtue of the Doctrine of Parity and in the light of the orders passed by this Court in the case of MR. RAVI ALIAS RAVICHANDRA P VS THE STATE THROUGH THE INVESTIGATING DEPUTY SUPERINTENDENT OF POLICE (H & B) C.O.D. BENGALURU IN CRL.P.No.4796/2017 DATED - 3 - NC: 2025:KHC:715 CRL.P No. 1464 of 2024 05-07-2017; in the case of SHAKEEL AHAMMADA VS. THE STATE OF KARNATAKA BY POLICE SUB INSPECTOR, SURATHKAL P.S. IN W.P.No.709/2018 DATED 02-02-2018 and in the case of MOHAMMED SHARIEF @ KHASIM VS. THE STATE OF KARNATAKA AND ANOTHER IN CRL.P.No.1422/2019 DATED 14-10-2020, the present petition deserves to be allowed and the impugned proceedings, qua petitioner deserves to be quashed. 4. Per contra, learned High Court Government Pleader for the respondent No.1 submits that there is no merit in the petition and that the same is liable to be dismissed. 5. As rightly contended by the learned counsel for the petitioner, having regard to the acquittal of the co accused in SC No.183/2010 dated 31-3-2011 and in the light of the orders of this Court in the case of MR. RAVI ALIAS RAVICHANDRA P VS THE STATE THROUGH THE INVESTIGATING DEPUTY SUPERINTENDENT OF POLICE (H & B) C.O.D. BENGALURU IN CRL.P.No.4796/2017 DATED 05-07-2017; in the case of SHAKEEL AHAMMADA VS. THE STATE OF KARNATAKA BY POLICE SUB INSPECTOR, SURATHKAL P.S. IN W.P.No.709/2018 DATED - 4 - NC: 2025:KHC:715 CRL.P No. 1464 of 2024 02-02-2018 and in the case of MOHAMMED SHARIEF @ KHASIM VS. THE STATE OF KARNATAKA AND ANOTHER IN CRL.P.No.1422/2019 DATED 14-10-2020, I am of the considered opinion that by virtue of Doctrine of Parity, the present petition deserves to be allowed. 6. In the result, pass the following: ORDER (i) The petition is hereby allowed. (ii) The entire criminal proceedings in SC No.1327/2010 pending on the file of learned LXV Additional City Civil and Sessions Judge, Bengaluru (CCH 66) are hereby quashed, qua petitioner/accused No.4. Sd/- (S.R.KRISHNA KUMAR) JUDGE tsn* List No.: 1 Sl No.: 24