Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29270 CRL.P No. 5786 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5786 OF 2025 (482 (CR.P.C) / 528 (BNSS)) BETWEEN:
1.
SYED AJMAL S/O SYED SALEHA AGED ABOUT 54 YEARS, R/AT. NO. 606/1, 5TH MAIN, 2ND CROSS, KUSHAL NAGARA, BENGALURU - 560 045
2.
AKBAR ALI S/O. ABDUL HAFEES AGED ABOUT 50 YEARS, PRESENTLY R/AT:NO.3, LAL MASJID STREET, SHIVAJINAGARA, BENGALURU - 560 001 …PETITIONERS (BY SRI. SANTHOSH KUMAR M.B., ADVOCATE) AND:
STATE OF KARNATAKA BY UPPARPET POLICE STATION BENGALURU CITY - 560 001 INVESTIGATED BY CCB(W AND N) SQUAD,
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:29270 CRL.P No. 5786 of 2025
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING ITO QUASH THE ENTIRE PROCEEDINGS IN SC NO.1417/2018 IN CRIME NO.277/2014, PENDING AGAINST THE PETITIONER ON THE FILE OF THE LXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY FILED BY THE UPPARPET POLICE STATION/CCB (W AND N) SQUAD, FOR THE ALLEGED O/P/U/S 188, 370A, 370(3), 294 R/W 109 OF IPC VIDE ANNEXURE-D, IN RESPECT OF THE PETITIONERS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel Sri. Santhosh Kumar M.B., appearing for the petitioners, Smt. Rashmi Patel, learned HCGP appearing for the respondent and have perused the material on record.
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HC-KAR NC: 2026:KHC:29270 CRL.P No. 5786 of 2025
2. The petitioners are before this Court, seeking the following prayer:
"I. Quash the entire proceedings in SC No. 1417/2018 in Crime No.277/2014, pending against the petitioners on the file of the LXXI Additional City Civil & Sessions Judge, Bengaluru City filed by the Upparpet police station/CCB(W & N) Squad, for the alleged offences punishable under section 188, 370A, 370(3), 294 R/w. 109 of IPC vide Annexure- D, in respect of the petitioners. II. Pass any other order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case."
3.
Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgments rendered by the Co-ordinate Benches of this Court in Crl.P.No.7334/2018
disposed on 31.10.2018 and Crl.P.No.3085/2019 disposed on 28.05.2019, wherein it has held as follows:
"In Crl.P.No.7334/2018:
2. Learned advocate for the petitioners submits. that all petitioners are accused in the proceedings before the Trial Court for the offences punishable under Sections 188, 370A, 370(3), 294 r/w. 109 of IPC in Crime No.277/2014 registered in Upparpet Police Station. He further submits that petitioners are customers who had visited the Bar and Restaurant run in the name and style as 'Casino Royale Bar and Restaurant', The proceedings against two other similarly situated co-accused who are also customers, have been quashed by this Court in Crl.P.No.3026/2017 (D.D. on 11.12.2017). Hence, he
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HC-KAR NC: 2026:KHC:29270 CRL.P No. 5786 of 2025
prays that proceedings against the petitioners herein also may be quashed.
3. Learned HCGP, in his usual fairness, does not dispute the facts narrated by the learned advocate for the petitioners.
4. It is recorded in Crl.P.No.3026/2017 that the petitioners therein were also customers. In the circumstances, following the said decision, this petition is allowed. The proceedings in S.C.No.1417/2018 pending on the file of the LXXI Additional City Civil and Sessions Judge, Bengaluru (CCH-72) are quashed qua the petitioners.
In Crl.P.No.3085/2019:
4. In this petition under Section 482 of the Code of Criminal Procedure, the petitioner inter alia seeks quashment of the proceedings pending before the LXXI Additional City Civil and Sessions Judge, Bengaluru in S.C. No.1419/2018 for offence under Section 188, 370(3), 370(A), 294 read with Section 109 of the Indian Penal Code.
5. When the matter was taken up today learned counsel for the parties jointly submitted that the Bench of this Court by an order dated 31.10.2018 passed in Crl.P. No.7334/2018 has quashed the proceeding in respect of 19 accused persons and the petitioners are also similarly situate accused persons.
6. In view of aforesaid submissions and for the reasons assigned by a bench of this Court by order dated 31.10.2018 in Crl.P. No.7334/2018, the proceedings pending before the LXXI Additional City Civil and Sessions Judge, Bengaluru in S.C. No.1419/2018 in so far as it pertains to the petitioner is hereby quashed. Accordingly, the petition is allowed."
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HC-KAR NC: 2026:KHC:29270 CRL.P No. 5786 of 2025
In the light of the orders passed by the Co-ordinate Benches of this Court (supra) and for the reasons aforementioned, the following:
ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in S.C.No.1417/2018 pending before the LXXI Additional City Civil and Sessions Judge, Bengaluru City, stand quashed, qua the petitioners.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 3