- 1 - NC: 2025:KHC:18091 CRL.P No. 5728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5728 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: VINAY .C.M ALIAS KURUP VINAY S/O MADAPPA, AGED ABOUT 40 YEARS, R/AT HURULI CHIKKANAHALLI SOLADEVANAHALLI, BANGALORE KARNATAKA 560001. PRESENTLY R/AT FLAT NO. 25, LAND STAR PINNADA SURVEY NO. 79/2, HIRANDAHALLI BIDARAHALLI, BENGALURU KARNATAKA 560049. …PETITIONER (BY SRI. KRISHNA KASHYAP, ADV. FOR SRI. PADMAVATHI N., ADV.) AND: STATE BY BYATARAYANAPURA POLICE BYATARAYANAPURA SUB- DIVISION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001 …RESPONDENT (BY SRI.M.N.ANOOP KUMAR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CC. NO.13204/2024 FOR THE OFFENCES P/U/S 399, 402 OF IPC PENDING ON THE FILE OF THE XLVI ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:18091 CRL.P No. 5728 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Heard both sides and perused the material on record. 2. Petitioner is arraigned as accused No.10 in Crime No.140/2013 of Byatarayanapura Police Station, Bengaluru City registered for the offence punishable under Sections 120-B, 399 and 402 of IPC. 3. Police have filed charge sheet, on completion of investigation, showing accused Nos.6 to 10 as absconding. 4. The case of the prosecution is that, on 26.03.2013 at about 7.00 p.m., the complainant received a credible information that, near BHEL Company, Mysuru Road, No.321 near SLV Sawmill and Wood Industries Factory, within the jurisdiction of Bytarayanapura Police Station, the associates of one Vinay, lodged in prison, had - 3 - NC: 2025:KHC:18091 CRL.P No. 5728 of 2025 given instructions to his followers to attack one Loki and Datta and rob the valuable and murder them. On instructions, the said accused armed with deadly weapons, assembled at the spot, making preparations to commit dacoity. On the said information, the police inspector – CW.1 along with his staff and panchas rushed to the spot and noticed 10 persons assembled at the spot. Five of them were apprehended and from their possession, vehicles, mobile phones and weapons were seized. The rest of the accused fled away from the spot. 5. The charge sheet was filed against the petitioner and other absconding accused. The trial was held against accused Nos.3 to 6 in S.C No.742/2020 and S.C No.996/2021. The learned Sessions Judge after a full- fledged trial, vide judgment dated 27.10.2022 was pleased to acquit the said accused of the charged offences, extending benefit of doubt holding that the prosecution has failed to establish the charges leveled against them. - 4 - NC: 2025:KHC:18091 CRL.P No. 5728 of 2025 6. The learned Sessions Judge while acquitting accused Nos.3 to 6 has held that the available materials are not cogent and satisfactory to hold that accused Nos.3 to 6 guilty of the offences punishable under Sections 399 and 402 of IPC. 7. Admittedly, the petitioner was not apprehended from the spot. It appears that only on the voluntary statement of the co-accused who were arrested, the petitioner was arraigned as an accused in the FIR and charge sheet. There are no separate and distinct allegation against the petitioner herein. Accused Nos.3 to 6 are acquitted by the trial Court after a full-fledged trial. 8. The learned counsel for the petitioner would contend that accused No.2 who is similarly placed as the present petitioner has preferred a petition seeking quashing before this Court and the said petition has been allowed and the entire proceedings against him has been quashed. - 5 - NC: 2025:KHC:18091 CRL.P No. 5728 of 2025 9. I have perused the copy of the order passed in Crl.P No.3239/2023 disposed on 29.11.2023, preferred by accused No.2. This Court after taking into consideration the judgment of acquittal passed in respect of accused Nos.3 to 6 and observing that the materials against all the accused are one and the same, quashed the proceedings against the said accused. 10. Paragraph No.10 of the above order is extracted hereunder: “The Trial Court acquitted accused Nos.3 to 6 on the ground that none of the independent witnesses were examined and only official witnesses were examined and the evidence tendered by the said official witnesses did not establish the guilt of the said accused beyond all reasonable doubt. The witnesses to be examined are one and the same. Therefore, It would be a futile exercise, if the petitioner is subjected to trial, since the probability of his conviction is remote and bleak. So as to prevent the abuse of process of law and to maintain parity, it would be appropriate to quash the impugned proceedings.” 11. In the above facts and circumstances, no purpose will be served if the proceedings against the petitioner is allowed to continue, as it would be a futile - 6 - NC: 2025:KHC:18091 CRL.P No. 5728 of 2025 exercise. Hence, it is just and necessary to quash the proceedings against the petitioner. 12. Accordingly, the following; ORDER i) Petition is allowed. ii) The entire proceedings against the petitioner / accused No.10 pending in C.C No.13204/2024 on the file of XLVI Chief Judicial Magistrate at Bengaluru are quashed. iii) I.A No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE UN List No.: 4 Sl No.: 23