- 1 - NC: 2025:KHC:2634 CRL.P No. 11585 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11585 OF 2024 (482(Cr.PC) / 528(BNSS)-) BETWEEN: JAGADISH @ JUMKI JAGGA @ JAGGA S/O DHANAJAYA AGED ABOUT 34 YEARS, R/AT NO.30/31,7TH MAIN ROAD DASAPPA GARDEN, CHAMARAJAPET MAIN ROAD GAVIPURAM, GUTTAHALLI BANGALORE 5600019 …PETITIONER (BY SRI. CHANDRAPPA K N.,ADVOCATE) AND: 1. STATE OF KARNATAKA STATION HOUSE OFFICER J.P. NAGAR POLICE STATION BANGALORE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 2. LAKSHMANADU S/O LATE CHINNAPPA AGED ABOUT 49 YEARS R/AT NO,1428, 17TH MAIN ROAD J.P.NAGARA 2ND PHASE BANGALORE- CITY -560076 …RESPONDENTS (BY SMT. RASHMI JADHAV., ADDL. SPPFOR R1; SERVICE OF NOTICE TO R2 IS D/W VIDE ORDER DATED 20.1.25) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2634 CRL.P No. 11585 of 2024 THIS CRIMINAL PETITION FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING S.C.NO.1089/2019, PENDING IN THE FILE OF THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-59) AS AGAINST THE PETITIONER HEREIN, WHEREIN, THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO.5 FOR THE ALLEGED OFFENCES U/S 143, 144, 147, 148, 302, 120(B), 201 R/W 149 OF IPC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks quashing of the impugned proceedings in S.C.No.1089/2019 on the file of the LVIII Additional City Civil and Sessions Judge, Bengaluru for the offence punishable under Section 143, 144, 147, 148, 302, 120(B), 201 r/w. 149 of IPC. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with. 3. A perusal of the material on record will indicate that in the instant case, proceedings in S.C.No.1089/2019 were instituted against the petitioner-accused No.5 before - 3 - NC: 2025:KHC:2634 CRL.P No. 11585 of 2024 the Sessions Court. During the pendency of the said proceedings, the said case qua the petitioner - accused No.5 was split up and the impugned proceedings in SC No.1585/2012 are pending as against the petitioner only. In the meanwhile, by the judgment dated 15.2.2022, the aforesaid SC No.1585/2012 against accused Nos.1 to 4 & 6 to 10 culminated in a judgment of acquittal, which is as hereunder: ORDER Acting under section 235(1) of Cr.P.C., accused Nos.1 to 4 and 6 to 10 are hereby acquitted for the offences punishable under sections 14, 144, 147, 148, 302, 120(B) and 201 read with section 149 of Indian Penal Code. ( Accused No.5 is split up) The bail bonds and surety bonds of the accused Nos.1 to 4 and 6 to 10 shall stands cancelled. M.O.1 to M.O.15 are ordered to be preserved till disposal of the split up case registered against the accused No.5. 4. As can be seen from the aforesaid judgment, accused Nos.1 to4 and 6 to 10, who are said to have committed the offence along with the petitioner - accused No.5, have been acquitted from the charges and consequently by invoking the doctrine of parity and in the - 4 - NC: 2025:KHC:2634 CRL.P No. 11585 of 2024 light of the acquittal of the co-accused as in the case of Fahima Akthar v. State of Karnataka reported in 2018 (3) AICLR 164 (Karn), I am of the considered view that the impugned proceedings qua the petitioner also deserves to be quashed. 5. In the result, I proceed to pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings in S.C.No.1089/2019 on the file of the LVIII Additional City Civil and Sessions Judge, Bengaluru against the petitioner-accused No.5 for the offences punishable under Section 143, 144, 147, 148, 302, 120(B), 201 r/w. 149 of IPC are quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SR/List No.: 1 Sl No.: 20