- 1 - HC-KAR NC: 2025:KHC:36989 CRL.P No. 12303 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12303 OF 2025 BETWEEN: NAVEEN S/O. RAJANNA, AGED ABOUT 33 YEARS, R/AT NO.138, 3RD, MAIN 4TH, CROSS, PIPE LINE EAST, KASTURBA NAGAR, MYSORE ROAD, BANGALORE CITY-560059. &PETITIONER (BY SRI. CHANDRAPPA K N., ADVOCATE) AND: 1. STATE OF KARNATAKA STATION HOUSE OFFICER, BYATARAYANAPURA POLICE STATION, BANGALORE- REP. BY: STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. SMT. MAHADEVAMMA W/O NAGARAJ, AGED ABOUT 45 YEARS, C/O NINGAMMA HOUSE, 3RD, CROSS, NEAR MAHADESHWARA TEMPLE, NEW GUDADALLI MYSORE ROAD, BANGALORE- CITY - 560026. &RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36989 CRL.P No. 12303 of 2025 THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING S.C NO.300/2019 OF BYATARAYANAPURA P.S PENDING ON THE FILE OF THE HON'BLE LX ADDL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CH-61) AS AGAINST THE PETITIONER HEREIN, WHEREIN THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO.4 FOR THE ALLEGED O/P/U/S 341, 323, 302 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is seeking quashing of the proceedings pending in S.C.No.300/2019 placing reliance on the judgment of acquittal rendered by the Court in S.C.No.930/2013 against co-accused. 2. Heard learned counsel for the petitioner and learned HCGP appearing for respondent No.1. Perused the records. 3. Though the prosecution, in a split-up charge sheet, had subjected the co-accused to a full-fledged trial, the learned Sessions Court, upon a detailed appreciation of the oral and documentary evidence adduced, recorded a - 3 - HC-KAR NC: 2025:KHC:36989 CRL.P No. 12303 of 2025 finding that the death of Krishna alias Vali was indeed a homicidal death. However, the Sessions Court ultimately acquitted the co-accused by placing reliance on the fact that the prime witnesses, namely the complainant who happens to be the real brother of the deceased, did not support the case of the prosecution. The Court further noticed that even the sisters of the deceased, who were material witnesses, turned hostile during the trial and failed to corroborate the prosecution version. On account of this collapse of ocular testimony, the benefit of doubt was extended to the co-accused, culminating in their acquittal. 4. Be that as it may, though the order of acquittal recorded in favour of the co-accused in S.C.No.930/2013 has attained finality, the present petitioner9s trial is still in progress and evidence has already commenced. In such circumstances, the proper course open to the petitioner is to move an application before the learned Sessions Court seeking expeditious disposal of the pending trial. If such a - 4 - HC-KAR NC: 2025:KHC:36989 CRL.P No. 12303 of 2025 request is made, the learned Sessions Judge shall duly take note of the judgment and order of acquittal rendered in S.C.No.930/2013, and shall proceed to pass appropriate orders in accordance with law. The entire exercise shall be concluded within a period of three months from the date of receipt of a certified copy of this order. 5. In view of the aforesaid observations and directions, the present petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 72