- 1 - NC: 2025:KHC:2398 CRL.P No. 12043 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12043 OF 2024 BETWEEN: JAGADISH S/O LATE DHANAJAYA AGED ABOUT 34 YEARS, R/AT NO.19, 6TH CROSS, AZAD NAGARA MYSORE ROAD BANGALORE - 560026. …PETITIONER (BY SRI. CHANDRAPPA K N.,ADVOCATE) AND: 1. STATE OF KARNATAKA STATION HOUSE OFFICER V.V.PURAM POLICE STATION BANGALORE - 562110 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560001. 2. SAI ESHWHAR A S/O MANJUNATH AGED ABOUT 31 YEARS, R/AT NO.28, EAST CIRCLE ROAD V.V.PURAM, BANGALORE CITY. …RESPONDENTS (SMT. M.M.WAHEEDA, HCGP FOR R.1 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2398 CRL.P No. 12043 of 2024 NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 21.01.2025) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING S.C. NO. 1768/2019, OF V.V. PURAM POLICE STATION, PENDING ON THE FILE OF THE HONBLE LXIII ADDL. CITY CIVIL AND SESSION JUDGE AT BANGALORE (CCH-64) AS AGAINST THE PETITIONER HEREIN, WHEREIN, THE PETITIONER HEREIN IS ARRAIGNED THE PETITIONER HEREIN, WHEREIN, THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO. 3 FOR THE ALLEGED OFFENCES UNDER SECTION 397 R/W 34 OF INDIAN PENAL CODE. THIS 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.1768/2019 on the file of the LXIII Additional City Civil and Sessions Judge, Bengaluru for the offence punishable under Section 397 r/w. 34 of IPC. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and - 3 - NC: 2025:KHC:2398 CRL.P No. 12043 of 2024 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.696/2017 were instituted against the petitioner - accused No.3, Madhusudhan and Mohan Kumar R. @ Belli (accused Nos.1 and 2) before the Sessions Court. During the pendency of the said proceedings, the said case qua the petitioner - accused No.3 was split up and the impugned proceedings in SC No.1768/2019 are pending as against the petitioner only. In the meanwhile, by the judgment dated 10.01.2023, the aforesaid SC No.696/2017 against accused Nos.1 and 2 culminated in a judgment of acquittal, which is as hereunder: Accused no.1 and 2 are not found guilty for the offence punishable u/s 397 r/w 34 of IPC "Acting u/s 235(1) of Cr.P.C., accused No.1 and 2 are acquitted for the offences punishable u/s 397 r/w 34 of IPC. The bond and surety bond executed by the accused No.1 and 2 and their surety shall be in force for a period of six months as prescribed u/s 437-A of Cr.P.C. As the case against accused No.3 is split-up, records of the case and MO No.1 to 3 are ordered to be preserved till completion of the case against accused No.3. - 4 - NC: 2025:KHC:2398 CRL.P No. 12043 of 2024 Accused No.2 is in judicial custody. The jail authorities are directed to release the accused No.2, if he is not required in any other case." 4. As can be seen from the aforesaid judgment, accused Nos.1 and 2, who are said to have committed the offence along with the petitioner - accused No.3, have been acquitted from the charges and consequently by invoking the doctrine of parity and in the 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.1768/2019 on the file of the LXIII Additional City Civil and Sessions Judge, Bengaluru against the petitioners - accused No.3 for the offences punishable - 5 - NC: 2025:KHC:2398 CRL.P No. 12043 of 2024 under Section 397 r/w. 34 of IPC are quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE SA st:cr