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2025 DAILYLAW 81493 (KAR)

SRI VEERAMANI v. STATE OF KARNATAKA

CRL.P/12595/2025 · 2025-10-10

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40106 CRL.P No. 12595 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12595 OF 2025 BETWEEN: SRI. VEERAMANI S/O. MANNU, AGED ABOUT 25 YEARS, R/AT MANJUNATHA COLONY, BANASHANKARI III STAGE, BENGALURU - 560 085. …PETITIONER (BY SRI. NARAYANASWAMY K.N, ADVOCATE) AND: 1. STATE OF KARNATAKA STATE BY CHANNAMMANAKERE ACHUKATTU POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE - 560 001. 2. SMT. PADMA W/O. KRISHNAPPA. V, AGED ABOUT 50 YEARS, R/AT NO. 37, 11TH MAIN, ITTAMADU, ANJANEYA NAGAR, BSK 3RD STAGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40106 CRL.P No. 12595 of 2025 BENGALURU CITY, KARNATAKA - 560 085. …RESPONDENTS (BY SRI. JAGADEESHA B.N,, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.15822/2017 OF CHANNAMMANAKERE ACHUKATTU P.S., PENDING ON THE FILE OF THE 37th ACJM, AT BENGALURU CITY, FOR THE OFFENCE P/U/S 397 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned Additional SPP accepts notice for the State. 2. Petitioner is seeking to quash the entire proceedings in C.C.No.15822/2017 pending on the file of 37th Additional Chief Judicial Magistrate at Bangalore City. 3. The FIR is registered against unknown persons for an offence under Section 397 of IPC, wherein, the defacto complainant has alleged that on 02.12.2016 at about 5.00 P.M., when she was sitting in front of the house, two - 3 - HC-KAR NC: 2025:KHC:40106 CRL.P No. 12595 of 2025 persons came on a motor cycle and in the guise of asking for some address, at a knife point, snatched her mangalya chain weighing about 20 gms. and then sped away. 4. The charge sheet was filed against accused Nos.1 and 2 for the offence punishable under Section 397 of IPC wherein the petitioner, arraigned as accused No.2, was shown as absconding. The case against him was split up, as he was not secured in spite of issuance of NBW and issuance of Proclamation under Sections 82 and 83 of Cr.P.C. 4. Admittedly, the FIR is registered against unknown persons. Charge sheet was filed showing the petitioner as absconding. It is contended by the learned counsel that petitioner was unaware of the entire proceedings and he has been implicated as an accused only on the voluntary statement of accused No.1. He further submitted that the said accused has been acquitted by the trial court as - 4 - HC-KAR NC: 2025:KHC:40106 CRL.P No. 12595 of 2025 complainant herself has turned hostile to the case of prosecution. 5. The copy of the judgment passed in S.C.No.783/2017 dated 12.10.2021 is furnished. The learned Sessions Judge has acquitted accused No.1 of the offence punishable under Section 397 of IPC. It is observed that the prosecution has miserably failed to prove it's case against the accused beyond reasonable doubt. 6. The trial conducted against accused No.1, who is similarly placed as petitioner/accused No.2 has been ended in acquittal. The State has not preferred any appeal against the said judgment. No purpose will be served by keeping the proceedings pending against the petitioner. The continuation of proceedings will be a futile exercise. Hence, it is just and proper to quash the proceedings pending before the trial court. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:40106 CRL.P No. 12595 of 2025 ORDER (i) Petition is allowed; (ii) The entire proceeding, as against the petitioner, pending in C.C.No.15822/2017, on the file of the 37th Additional Chief Judicial Magistrate at Bangalore City, is hereby quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE YN List No.: 1 Sl No.: 30