- 1 - HC-KAR NC: 2025:KHC:39914 CRL.P No. 11874 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11874 OF 2025 BETWEEN: 1. SYED MEHABOOB S/O LATE HUSSAIN SAB, AGED ABOUT 55 YEARS, R/AT: BALAMANDE VILLAGE, BOODIKOTE HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT-563 129. 2. SYED MUSTAFA @ D. MUSTAFA S/O LATE DADU SAB, AGED ABOUT 43 YEARS, R/AT: NO.71, BHIMAGANAHALLI, BALAMANDE, BANGARAPETE TALUK, KOLAR DISTRICT-563 129. …PETITIONERS (BY SRI. RAJATH H.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY K.R. PURA POLICE STATION, REP: BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. SRI. JAGADEESH S/O MARAPPA, AGED ABOUT 49 YEARS, R/AT NO. KRISHNAPPA HOUSE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39914 CRL.P No. 11874 of 2025 SHANIMAHATHMA TEMPLE ROAD, DEVASANDRA, K.R. PURA, BENGALURU-560 036. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS AS ARRAYED ACCUSED NOS.3 AND 4 IN C.C.NO.58269/2018 (CRIME NO.475/2013) OF RESPONDENT NO.1 K.R. PURA POLICE STATION, FOR THE OFFENCE UNDER SECTION 380 AND 413 OF IPC, ON THE FILE PENDING BEFORE THE X ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, learned High Court Government Pleader for respondent/State and perused the material on record. 2. This petition is preferred by accused Nos.3 and 4 in CC No.58269/2018 pending on the file of the Court of X Additional Chief Metropolitan Magistrate, Bengaluru City. - 3 - HC-KAR NC: 2025:KHC:39914 CRL.P No. 11874 of 2025 3. The above case arises out of Cr.No.475/2013 of K.R.Puram Police Station, Bangalore City, registered for an offence punishable under Section 380 of IPC against unknown persons, on a complaint lodged by one Sri Jagadeesh. It is alleged that some unknown persons committed theft of gold and silver ornaments, mobile phone and a cash of Rs.20,000/- from his house, which he noticed on 29.8.2013 at about 1.00 p.m. 4. Chargesheet came to be filed under Section 413 and 380 of IPC against accused Nos.1 to 4, wherein petitioners are arraigned as accused Nos.3 and 4 respectively. 5. The material on record reveals that the petitioners remained absent before the trial Court and therefore, the case against them was split up and the trial proceeded against accused Nos.1 and 2 in SC No.1714/2018 on the file of the LXV Additional City Civil and Sessions Judge, Bengaluru City. - 4 - HC-KAR NC: 2025:KHC:39914 CRL.P No. 11874 of 2025 6. It is not in dispute that accused Nos.1 and 2, who faced trial are acquitted by the learned Sessions Court vide judgment dated 15.6.2024. It is relevant to extract para-16 of the judgment passed by the learned Sessions Judge, while acquitting accused Nos.1 and 2. “16. In this case, the panch witnesses P.Ws.1 and 2, who have appeared and deposed before the Court but have turned hostile to the case of the prosecution. The procedure enumerated by the Hon'ble Supreme Court has not been followed by the Investigating Officer while drawing the panchanama. In a case u/s.380 and 413 of IPC, the evidence of panch witnesses and panchanama plays pivotal role. There is no evidence of independent witnesses to prove the drawing of panchanama in this case. P.Ws.1 and 2 having turned hostile and have not evidenced seizure panchanamas and having not been supported by their evidence, the entire case of the prosecution fails. Since the complainant is not available for identifying the accused, the prosecution cannot rely on the sole evidence of Police witnesses and thereby the prosecution has failed to prove beyond reasonable doubt. The C.W.1 has not been secured and examined. P.Ws.1 and 2 being the panch witnesses - 5 - HC-KAR NC: 2025:KHC:39914 CRL.P No. 11874 of 2025 in whose presence gold articles have been seized under panchanama, the panch witnesses have also turned hostile. P.Ws.3 to 6 are Police witnesses who have deposed with respect to arrest of the accused persons in Cr.No.567/2013. The evidence of the said witnesses is not much important as the same is not concerned with the present case. The evidence of P.W.5- Investigating officer is not sufficient to - prove the guilt of the accused as the said evidence is not corroborated by any independent witness. Thus, the prosecution has failed to prove the guilt of the accused No.1 and 2 beyond reasonable doubt and as such, the benefit of doubt has to be given to them. Accordingly, point under consideration is answered in the 'negative'.” 7. Accused Nos.1 and 2 who have undergone trial have been acquitted by the learned Sessions Court. Conducting trial against petitioners/accused Nos.3 and 4 will not serve any purpose and it will be a futile exercise. Since the evidence and the material against all the accused are one and the same, no purpose will be served in continuing the criminal proceedings pending against the petitioners. Hence, the following: - 6 - HC-KAR NC: 2025:KHC:39914 CRL.P No. 11874 of 2025 ORDER I. Petition is allowed. II. The entire proceedings pending against the petitioners/accused Nos.3 and 4 in CC No.58269/2018 are quashed. III. I.A.No.1/2025 filed for stay is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 65