- 1 - NC: 2025:KHC-D:2386 CRL.P No. 100635 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100635 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. TAYAPPA S/O TIPPANNA ILATI, AGED ABOUT 40 YEARS, OCC: COOLIE, R/A: HIREMANNAPUR VILLAGE, TQ: KUSHTAGI, DIST: KOPPAL. 2. MALLAMMA W/O HANAMAPPA ALLALLI, AGED ABOUT 38 YEARS, OCC: HOUSEHOLD, R/O: GANGANAL, TQ: KUSTAGI, DIST: KOPPAL, PRESENTLY STAYING IN HIREMANNAPUR VILLAGE, TQ: KUSTAGI, DIST: KOPPAL. … PETITIONERS (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KUSTAGI POLICE STATION, R/BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. LAXMANA S/O KANTHEPPA ALLALLI, AGED ABOUT 45 YEARS, OCC: FARMER, R/O: GANGANAL VILLAGE, TQ: KUSTAGI, DIST: KOPPAL. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:42 +0530 - 2 - NC: 2025:KHC-D:2386 CRL.P No. 100635 of 2023 C.C.NO.574/2019 PENDING ADJUDICATION ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, COURT AT KUSTAGI, FOR THE OFFENCES P/U/SEC. 323, 324, 504, 506, R/W SEC. 34 OF IPC AGAINST THE PRESENT PETITIONERS/ ACCUSED NO. 1 AND 3. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who are facing charges for offences punishable under Sections 323, 324, 504, and 506 read with Section 34 of the IPC, have approached this Court seeking relief. 2. The prosecution alleges that on 11.04.2017, accused Nos.1 and 3, with the intention to assault CW4, attacked him with their hands and legs, causing simple injuries. Thereafter, they allegedly assaulted CW1 on his head, abused him using filthy language, and threatened him with dire consequences. 3. Since petitioners No.1 and 3 were absconding, the charge sheet was split, and a trial was conducted against accused No.2. The Trial Court, after a full-fledged trial and after appreciating the evidence on record, held that the prosecution failed to establish guilt beyond all reasonable doubt and acquitted accused No.2 of the alleged offences. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1 – State. - 3 - NC: 2025:KHC-D:2386 CRL.P No. 100635 of 2023 5. A perusal of the charge sheet indicates that the allegations against accused Nos.1 to 3 are identical. The prosecution witnesses were examined as PWs.1 to 3, but they turned hostile, and nothing incriminating was elicited in their cross- examination. The charge sheet further reveals that the charges against the petitioners and accused No.2 are similar and not distinct or separate. 6. It is a settled legal principle that when there are no distinct or separate allegations against the petitioners and co- accused, and when one of the accused has already been acquitted, continuing prosecution against the petitioners would amount to an abuse of process of law. While it is true that the acquittal of a co-accused is not admissible as evidence under Sections 40 to 44 of the Evidence Act, in this case, the injured witnesses have turned hostile, and the Trial Court has already held that the prosecution failed to establish the guilt of accused No.2 beyond all reasonable doubt. Given that the witnesses are the same, the likelihood of securing a conviction against the petitioners is remote and bleak. Since accused No.2 has been acquitted on the ground that the prosecution failed to prove the case beyond a reasonable doubt and the injured witnesses turned hostile, allowing the criminal proceedings to continue against accused Nos.1 and 3 would serve no purpose, as the probability of conviction is negligible. Accordingly, I pass the following: ORDER i) The petition is allowed. - 4 - NC: 2025:KHC-D:2386 CRL.P No. 100635 of 2023 ii) The impugned proceedings in CC No.574/2019 pending on the file of the learned Principal Civil Judge and JMFC, Court at Kustagi, insofar as it relates to the petitioners – accused Nos.1 and 3 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK List No.: 2 Sl No.: 4