- 1 - NC: 2025:KHC:17486 CRL.P No. 5579 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5579 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: HARISH @ HARI PRASAD V. C/O. VENKATAPPA, AGED ABOUT 44 YEARS, R/AT NO. D.NO.5/820 A THIYAGARSANAPALLI, VILLAGE SOOLAGIRI, ENUSONAI VTC. THIYAGARSANAPALLI, PO. ENUSONI KRISHNAGIRI DISTRICT, TAMIL NADU-635 117. …PETITIONER (BY SRI. CHANDRAPPA K.N., ADVOCATE) AND: 1. STATE OF KARNATAKA STATION HOUSE OFFICER, JAYA PRAKASHNAGARA POLICE STATION, BANGALORE CITY REP. BY: STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. RAMESH RAO M.S. POLICE INSPECTOR, C.C.B.N.T.PETE, BANGALORE CITY-560 002. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17486 CRL.P No. 5579 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING C.C.NO.4429/2019, OF J.P. NAGARA POLICE STATION PENDING IN THE FILE OF THE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE CITY AS AGAINST THE PETITIONER HEREIN; WHEREIN, THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO.4 FOR THE ALLEGED OFFENCES UNDER SECTION 399 AND 402, 120(B) OF INDIAN PENAL CODE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.4 is before this Court praying to quash the entire proceedings pending against him in C.C.No.4429/2019 on the file of the II Additional Chief Metropolitan Magistrate at Bengaluru City. 2. A case in Crime No.707/2015 was registered at Jayaprakash Nagar Police Station against accused Nos.1 to 6 for offences punishable under Section 120B, 399 and 402 of IPC. In the complaint lodged by the police inspector, CCB, N.T.Pete, Bengaluru City, it was alleged that the accused were making preparation to commit - 3 - NC: 2025:KHC:17486 CRL.P No. 5579 of 2025 dacoity, armed with deadly weapons, near Madduramma Temple, Puttenahalli Lake, Jaraganahalli, Benglauru City. 3. As per complaint averments, three persons were apprehended from the spot and two others fled away. Petitioner who is arraigned as accused No.4 was admittedly not apprehended at the spot, on the other hand, on the basis of the confessional statement of the co- accused he was arraigned as an accused in the FIR along with another accused by name Puneet, who is also alleged to have absconded after seeing the police officials. 4. Since, the petitioner failed to appear before the trial Court, case against him was split-up and the trial was held against accused Nos.1 and 3 in S.C.Nos.73/2019 and 1113/2019. After a full-fledged trial, both the said accused were acquitted by the learned Sessions Judge, vide common judgment dated 14.03.2025. 5. On a perusal of the entire material on record, this Court finds that there is no sufficient material against the petitioner, except the voluntary statement of the co- - 4 - NC: 2025:KHC:17486 CRL.P No. 5579 of 2025 accused. Further, accused Nos.1 and 3, who faced the trial have been acquitted by the learned Sessions Judge, holding that the prosecution has failed to prove the charges alleged. 6. This Court in Crl.P No.12320/2023, after considering the facts and circumstances, allowed the said petition and quashed the proceedings in respect of co- accused/accused No.6. 7. In the above facts and circumstances, proceedings pending against the petitioner/accused No.4 deserves to be quashed, continuation of which will be a futile exercise, as no purpose will be served. 8. Accordingly, the following: ORDER Petition is allowed. - 5 - NC: 2025:KHC:17486 CRL.P No. 5579 of 2025 The entire proceedings in C.C.No.4429/2019 pending on the file of the Hon’ble II Additional Chief Metropolitan Magistrate at Bengaluru City, as against the petitioner, is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 38 CT:ar