- 1 - NC: 2025:KHC:11776 WP No. 20903 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 20903 OF 2024 (GM-RES) BETWEEN: 1. KRISHNA. R S/O. LATE RAMAIAH, AGED ABOUT 57 YEARS, RESIDING AT FIRST FLOOR, NO. 18, 8TH CROSS, 8TH MAIN, MT STREET, VASANTHNAGAR, BENGALURU-560 052, (NAME AS PER PETITIONERS AADHAR AND ADDRESS AS IN RENTAL AGREEMENT) KRISHNA @ KHAN S/O. LATE RAMAIAH, AGED ABOUT 57 YEARS, RESIDING AT NO. 181, 8TH CROSS, M.T. STREET, VASANTHA NAGAR, BENGALURU-560 052. (AS PER THE CHARGE SHEET) …PETITIONER (BY SRI. MANE SHIVAJI HANAMANTAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA BY J. C. NAGAR POLICE STATION, J.C. NAGAR SUB-DIVISION, BENGALURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11776 WP No. 20903 of 2024 2. SRI. GAGAN SHARMA S/O. LATE SUKHDEVRAJ SHARMA, AGED ABOUT 43 YEARS, R/O. NO. B1-113, NISHANTH PRIME APARTMENT, KARIMARAMMA TEMPLE, NEAR IMMADAHAHALLI, WHITEFIELD, BANGALORE. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1; SRI. SANJAY S, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CHARGE SHEET FILED BY THE RESPONDENT, J C NAGAR POLICE SUB-DIVISION, BENGALURU IN CRIME NO. 32/2023 AND CONSEQUENTLY THE ENTIRE PROCEEDINGS IN SC NO.415/2023 PENDING BEFORE LEARNED LII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR THE OFFENCES PUNISHABLE SEC. 307, 323, 324, 337, 338, 120 (b) AND 506 R/W 34, OF IPC (ANN-C AND D) AS AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner-accused No.2, who is facing trial for offences punishable under Sections 307, 323, 324, 337, 338, 120(B), and 506 read with Section 34 of the IPC is before this Court seeking relief. 2. The prosecution alleges that the de facto complainant is an old friend of accused No.1. The de facto - 3 - NC: 2025:KHC:11776 WP No. 20903 of 2024 complainant had been persistently demanding that the accused buy him alcohol and food. On 20.03.2023, the accused conspired to lure the de facto complainant with the intention of causing him harm. Accused No.1 invited the de facto complainant under the pretext of discussing a property matter related to the late rowdy-sheeter Jacky and catching up over drinks. The de facto complainant met the accused in Frazer Town, where they consumed alcohol inside a car. 3. On 21.03.2023, accused No.1 allegedly made a phone call to CW2 (Srina Lama), instructing him to pick her up at the R.T. Nagar Empire Hotel. The accused, along with the de facto complainant, picked up CW2 (Srina Lama) and proceeded to Shivajinagar, where they continued consuming alcohol. 4. On the same day, accused No.1, with the intention of killing the de facto complainant, picked up a stick from the roadside and placed it in his car. Subsequently, the accused, along with the de facto complainant, left to drop CW2 (Srina Lama) at her PG. While en route, the accused, in furtherance of their common intention, decided to murder the de facto complainant. Accused No.1 struck the de facto complainant on the head with the stick due to prior rivalry, - 4 - NC: 2025:KHC:11776 WP No. 20903 of 2024 and accused No.3 assaulted the de facto complainant with his hands and legs. 5. The petitioner-accused No.2, and the de facto complainant are present before this Court and have filed a joint memo along with an application under Section 320 of the Cr.P.C. for the compounding of the offence. They state that the petitioner-accused No.2 was not part of the alleged conspiracy to eliminate the de facto complainant. Although there was no such allegation in the FIR, accused No.2 has been arraigned as an accused merely because he is a friend of accused No.1 and was present at the scene when the alleged incident took place. 6. Heard the learned counsel for the parties. 7. A perusal of the charge sheet materials indicates that there is no specific overt act attributed to accused No.2 suggesting that he conspired with the other accused to eliminate the de facto complainant or that he assaulted the complainant with the intention of committing murder. 8. Although the offences alleged are cognizable and non-compoundable, considering that the parties have amicably resolved their dispute, subjecting the petitioner to trial would serve no meaningful purpose. The probability of conviction is remote and bleak, given that a settlement - 5 - NC: 2025:KHC:11776 WP No. 20903 of 2024 has been reached. In the absence of any substantive evidence supporting the allegations against the petitioner, the continuation of criminal proceedings against him would amount to an abuse of the process of law. 9. Accordingly, the petition is allowed. The impugned proceedings in S.C. No.415/2024, pending before the learned LII Additional City Civil and Sessions Judge, Bengaluru, insofar as they relate to the petitioner- accused No.2 are hereby quashed. 10. The Trial Court shall proceed against the other accused in accordance with the law, without being influenced by any observations made in this order. Any observations made herein are solely for the purpose of this petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 154