- 1 - NC: 2025:KHC:12997 CRL.P No. 12320 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12320 OF 2023 BETWEEN: BHUVANESHWAR @ KUTTI, S/O. CHATHU KUTTI, AGED ABOUT 32 YEARS, R/AT 1ST CROSS, NEAR GANESH TEMPLE, N.G.R. LAYOUT, RUPENA AGRAHARA, BOMMANAHALLI, BENGALURU - 560 068. …PETITIONER (BY SRI. MANJUNATHA RAO LOKANDE N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY J. P. NAGAR P.S., BENGALURU - 560 078. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01) 2. M. S. RAMESH RAO S/O. NOT KNOWN, AGE MAJOR, O/AT POLICE INSPECTOR, C.C.B., N.T. PETE, BENGALURU - 560 002. (REPRESENTED BY LEARNED Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12997 CRL.P No. 12320 of 2023 STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01) …RESPONDENTS (BY SRI. RASHMI PATEL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST HIM IN C.C.NO.31915/2018 WHICH IS ARISING OUT OF CR.NO.707/2015 OF J.P. NAGAR POLICE STATION, BANGALORE WHICH IS PENDING BEFORE THE HONBLE XXX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU FOR OFFENCE P/U/S 399, 402 AND 120B OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the entire proceedings initiated against him in C.C. No.31915/2018 pending before the XXX Additional Chief Metropolitain Magistrate at Bengaluru, arising out of Crime No.707/2015 of J.P.Nagar Police Station, registered for offences punishable under Sections 399, 402 R/w Section 120B of IPC. - 3 - NC: 2025:KHC:12997 CRL.P No. 12320 of 2023 2. The aforementioned FIR came to be registered against accused Nos.1 to 6 on a complaint lodged by the Police Inspector, C.C.B, N.T. Pete, Bengaluru City, alleging that the accused were making preparation to commit dacoity, armed with deadly weapons, near Madduramma Temple, Puttenahalli Lake, Jaraganahalli, Bengaluru City. 3. As per complaint averments, five accused had assembled at the spot. The police apprehended three of them, whereas, two others escaped. Petitioner is arraigned as accused No.6 in the FIR as well as charge sheet on an allegation that, being in prison, he too conspired to commit the offence. 4. Admittedly, the petitioner was not present at the spot even according to the prosecution. Learned counsel for petitioner has also not disputed that the petitioner was in prison at the time of alleged incident. However, it is his contention that there is no material against the petitioner to charge sheet him, on the other hand only on the basis of confession statement of the co-accused, he has been arraigned as an accused in this case. - 4 - NC: 2025:KHC:12997 CRL.P No. 12320 of 2023 5. Having perused the material on record, this Court finds that there is no sufficient materials against the petitioner except the voluntary statement of the co-accused. Be that as it may, it is not in dispute that accused Nos.1 and 3 who faced Trial in S.C. No.73/2019 and 1113/2019 are acquitted by the Sessions Court, vide Judgment dated 14.03.2025. 6. Learned Sessions Judge has held that the prosecution has failed to prove that the accused committed the alleged offence and thereby extended benefit of doubt to the said accused. 7. In the above facts and circumstances, proceedings pending against the petitioner/accused No.6 deserves to be quashed, as continuation of proceedings will be a futile exercise and no purpose will be served. Accordingly, the following:- ORDER i. Petition is allowed. ii. The entire proceeding pending against the petitioner in C.C No.31915/2018 on the file of the - 5 - NC: 2025:KHC:12997 CRL.P No. 12320 of 2023 Court of XXX Additional Chief Metropolitan Magistrate at Bengaluru (Crime No.707/2015 of J.P.Nagar Police station) is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE VS List No.: 1 Sl No.: 6 CT: BHK