- 1 - NC: 2025:KHC:11315 WP No. 7635 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 7635 OF 2025 (GM-RES) BETWEEN: SHAKTI PRASAD @ SHAKTI S/O PERRIYASWAMY, AGED ABOUT 36 YEARS, RESIDING AT NO. 16, 9TH CROSS, ARUNDATHI NAGAR, CHANDRA LAYOUT, GANGONDANA HALLI, BENGALURU - 560 039. …PETITIONER (BY MR. MOHANKUMARA D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY JNANABHARATHI PS, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. 2. MAHANDH H.K POLICE OFFICER, ADDRESS : CCB OCW, BENGALURU CITY - 560 056. …RESPONDENTS (BY MR. M.R. PATIL, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS, IN SO FAR AS THE PETITIONER / ACCUSED NO.1 IS CONCERNED, INITIATED BY THE LEARNED LVIII ADDL. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11315 WP No. 7635 of 2025 CITY CIVIL AND SESSIONS JUDGE, BENGALURU, IN S.C. NO. 1465/2023, FOR THE OFFENCES PUNISHABLE UNDER SECTION 399 AND 402 OF INDIAN PENAL CODE, REGISTERED BY THE RESPONDENT JNANABHARATHI POLICE STATION, BENGALURU, IN CRIME NO. 0296/2016 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned HCGP accepts notice on behalf of respondent Nos. 1 and 2. 2. The petitioner, who is facing trial for offences punishable under Sections 399 and 402 of the IPC, is before this Court. 3. The prosecution alleges that on 12.11.2016, at Sai Club Road, University Campus, under the jurisdiction of Jnanabharathi Police Station, accused Nos. 2 to 4, along with accused Nos. 1 and 5, assembled with the apparent intent to commit dacoity while holding deadly weapons and two chilly powder packets. Based on credible information, Cw.1 – a Police Inspector – along with panch witnesses and staff, went to the spot, apprehended accused Nos. 1 to 5, and recovered the deadly weapons and the two chilly powder packets by drawing a mahazar. It is further alleged that the petitioner was absconding. Consequently, the charge sheet was split, and the trial Court conducted the trial against accused Nos. 2 to 4. After - 3 - NC: 2025:KHC:11315 WP No. 7635 of 2025 appreciating the prosecution evidence, the trial Court recorded a finding that the prosecution had failed to establish the guilt of accused Nos. 2 to 4 beyond all reasonable doubts, and consequently, passed a judgment of acquittal. In those proceedings, all material witnesses were examined. It is noteworthy that the allegations against accused No. 1 and accused Nos. 2 to 5 are similar and not distinct. 4. It is a settled principle of law that when no distinct or separate allegations are made against an accused and when co-accused facing identical allegations have been acquitted, continuing prosecution against the petitioner would amount to an abuse of the process of law. 5. In Crl.P. No. 6857/2020, a coordinate Bench of this Court held that a co-accused’s acquittal is not admissible as evidence under Sections 40 to 44 of the Evidence Act, and thus the benefit of acquittal cannot automatically be extended to the remaining accused. However, in that case, the acquittal was based solely on two witnesses (PWs 1 and 2 turning hostile), while other key witnesses had not been examined. 6. In the present case, however, the prosecution has examined all the charge sheet witnesses and produced the relevant documents, yet failed to establish its case beyond a reasonable doubt, leading to the acquittal of the co-accused. 7. Therefore, in view of the above, the continuation of the criminal proceedings against the petitioner will amount to an abuse of the process of law. - 4 - NC: 2025:KHC:11315 WP No. 7635 of 2025 8. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The impugned proceedings in S.C.No.1465/2023 on the file of the LVIII Additional City Civil and Sessions Judge, Bengaluru is hereby quashed insofar as accused No.1 is concerned. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 30