- 1 - NC: 2025:KHC-K:2499 CRL.P No. 200332 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200332 OF 2025 BETWEEN: UMAR @ SYED UMAR S/O SADAT ALI @ SYED SADAT ALI, AGE:38 YEARS, OCC: CAR MECHANIC, R/O. OLD JAIL QUARTERS, KALABURAGI, NOW R/AT. BIDAR-585401. …PETITIONER (BY SRI. SHIVASHARANA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ROZA POLICE STATION, KALABURAGI, DIST. KALABURAGI-585101, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. KHAJA NASIRUDDIN S/O MD. MAHIBOOB ALI SHAIKH, AGE:58 YEARS, OCC: PVT. WORK, R/O. ISLAMABAD COLONY, KALABURAGI-585102 …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/SEC. 528 OF BNSS,2023 PRAYING TO A) QUASH ENTIRE PROCEEDINGS AGAINST PETITIONER/ ACCUSED NO.5 ARISING OUT OF CRIME NO.112/2008 REGISTERED BY ROZA POLICE STATION GULBARGA IN C.C.NO.3834/2010 ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC KALABURAGI DISTRICT KALABURAGI FOR THE OFFENCES PUNISHABLE U/SECS. 147, 143, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2499 CRL.P No. 200332 of 2025 148, 323, 324, 504, 307, R/W 149 OF IPC AS PER CHARGE SHEET AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. The petitioner/accused No.5 is before this Court seeking to quash the entire proceedings in C.C No.3834/2010 arising out of Crime No.112/2008 registered by Roza Police Station, Gulbarga pending on the file of II Additional Civil Judge and JMFC, Kalaburagi District on the ground that co-accused who are arraigned as accused Nos.1, 2, 3, 4 and 6 have been tried and acquitted for the same offences in S.C No.51/2011. Brief facts of the case: 2. The complainant / Respondent No.2 has stated in his complaint that he married Sabeena Afreen who is the daughter of Kashim Patel. Due to a difference of opinion between the complainant and his wife, after the marriage, his wife left the matrimonial house and started residing with her parents and thereafter, she filed a case against - 3 - NC: 2025:KHC-K:2499 CRL.P No. 200332 of 2025 the complainant for dowry harassment. In the meantime, the complainant filed a divorce case against his wife and he got the divorce. 3. On 15.11.2008 at 6.30 a.m, when the complainant was taking tuition to the students at Shifa High School, all the accused persons came to the spot holding deadly weapons like sickle and knife and abused the complainant with filthy language and assaulted him with sickle and knife causing bleeding injuries to back of the head and other parts of the body with the intention to do away with the life. In the meantime, the persons who gathered there have pacified the quarrel and shifted the complainant to Basaveshwara Hospital, Kalaburagi for treatment. Thereafter, based on the statement of the complainant, a case came to be registered in Crime No.112/2008 by respondent – police against accused persons. The petitioner is arraigned as accused No.5. 4. Heard Sri.Shivashankara Reddy, learned counsel for the petitioner and Sri.Gopal Krishna Yadav, learned High Court Government Pleader for respondent No.1 – State. Respondent No.2 is served and unrepresented. - 4 - NC: 2025:KHC-K:2499 CRL.P No. 200332 of 2025 5. It is the submission of the learned counsel for the petitioner that the petitioner is standing on the same footing as that of other accused who have been acquitted after facing the trial. Such being the fact, proceeding with accused No.5 would be an abuse of the process of law and also wasting the precious time of the Court. Making such submissions, the learned counsel for the petitioner prays to quash the proceedings. 6. Per contra, the learned High Court Government Pleader for the respondent No.1 – State vehemently opposed the said submissions and he further submitted that the allegation made against the petitioner is different from other accused and he has to face the trial as he was not available when the trial of other accused had taken place. Therefore, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet and also evidence of all the witnesses, it appears from the charge sheet that the allegation made against accused No.4 is similar to that of the present petitioner. The Trial Court while appreciating the evidence of all the - 5 - NC: 2025:KHC-K:2499 CRL.P No. 200332 of 2025 witnesses, opined that the allegations were not proved by the prosecution and therefore, recorded the acquittal. When the co-accused who are standing on the same footing are acquitted, the said benefit has to be given to the present petitioner. Therefore, it is appropriate to grant relief of acquittal. 8. Accordingly, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The entire proceedings arising out of Crime No.112/2008 registered by Roza Police Station, Gulbarga in C.C No.3834/2010 pending on the file of II Additional Civil Judge and JMFC, Kalaburagi District, are hereby quashed. Sd/- (S RACHAIAH) JUDGE RSP/UN List No.: 1 Sl No.: 27 CT:PK