- 1 - HC-KAR CNR: KAHC010377082026 NC: 2026:KHC:40090 CRL.P No. 7834 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7834 OF 2026 BETWEEN: 1. MR. SUHAS S/O LATE RAJARAM SHETTY AGED 34 YEARS R/AT CJV COMPOUND TAILOR ROAD AMBANARA, BOLAR, MULIHITHLU MANGALURU-575001 …PETITIONER (BY SRI: GANAPATHI BHAT.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE MANGALURU SOUTH POLICE STATION MANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001 2. MR. PRASHANTH KUMAR K AGED 42 YEARS W/O ASHOK KUMAR K, R/AT VRANDAVAN PARK BALMATTA ROAD, MANGALURU CITY- 575002 …RESPONDENTS (BY SMT: DEEPTHI ALVA, HCGP FOR R1) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010377082026 NC: 2026:KHC:40090 CRL.P No. 7834 of 2026 THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED UNDER SECTION 528 BNNS) BY THE PETITIONER PRAYING TO QUASH THE CRIMINAL CASE IN C.C.NO.160/2024 (SPLIT UP FROM THE MAIN CASE IN C.C.NO.154/2016 ARISING FROM CR.NO.82/2015 OF MANGALURU SOUTH P.S) PENDING ON THE FILE OF II ADDL.SENIOR CIVIL JUDGE AND C.J.M D.K MANGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 325, 504, 506 READ WITH 149 OF IPC AND ALL FURTHER PROCEEDINGS OF THE SAID CASE AS AGAINST THE ACCUSED/ PETITIONER HEREIN. THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court calling in question the continuance of the proceedings in CC No.160 of 2024 for the offences punishable under Sections 341, 325, 504, 506 read with Section 149 of the IPC. 2. The petitioner gets embroiled in a crime along with other accused for the aforequoted offences. The petitioner at the relevant point in time was not available for trial. The other accused who were available for trial, were tried and the concerned Court has acquitted those accused on the score that - 3 - HC-KAR CNR: KAHC010377082026 NC: 2026:KHC:40090 CRL.P No. 7834 of 2026 the prosecution has miserably failed to prove the guilt beyond all reasonable doubt. 3. The contention of the learned counsel for the petitioner is that no summons were issued or served upon him till the conclusion of the trial of the other accused. Therefore, the concerned Court has drawn a split charge against the petitioner and now is wanting to be tried. 4. The learned High Court Government Pleader, would however, refute the submission contending that this Court must not show indulgence to the person who has escaped trial and he must also come out clean as the others have come out in a full blown trial. 5. I have given my anxious consideration to the submissions made by the respective learned counsels and have perused the material on record. 6. The afore-narrated facts are not in dispute. The petitioner gets embroiled in a crime for offences punishable as afore-quoted along with other accused. The petitioner was not available for trial at the relevant point in time and the other - 4 - HC-KAR CNR: KAHC010377082026 NC: 2026:KHC:40090 CRL.P No. 7834 of 2026 accused who were available were tried and the concerned Court has acquitted those accused on the score that the prosecution has failed to prove the guilt beyond all reasonable doubt. 7. The order of the concerned Court reads as under: "9. Point Nos.1 to 4: In order to bring home the guilt of the accused persons the prosecution has examined CW4 as PW1. The PW1 turned hostile to the case of the prosecution. The learned Sr.A.P.P though cross examined the PW1 on permission, nothing worth is elicited from PW1 and he also refuted to given statement as per Ex.P1. 10. Further the prosecution examined CW7 as PW2 who was a doctor treated the first informant who deposed that the complainant disclose the history of the assault on him by one Sri.Nithish and others and he treated the complainant/first informant. The counsel for accused cross examined the PW2 who denied all his suggestions. As the first informant not turned up for giving evidence inspite of issuance of repeated summons and warrants and as there are no eye witnesses in the present case and the hear say witness PW1 also turned hostile the request of the prosecution to summon and examine other witnesses was rejected and the other witnesses were dropped. 11. From an perusal of the evidence of PW1 and PW2 this court cannot come to a conclusion that the accused persons have committed the alleged offences. Moreover, the complainant/first informant himself not turned up to depose in support of the prosecution case. As the evidence of the complainant/first informant is not available and there is no eye witness in this case and the hear say witness/PW1 turned hostile, this court is of the considered opinion that the prosecution failed to prove the guilt of the accused persons beyond reasonable - 5 - HC-KAR CNR: KAHC010377082026 NC: 2026:KHC:40090 CRL.P No. 7834 of 2026 doubts. In the result, my findings on point Nos.1 to 4 in the Negative. 12. Point No.5: In view of my above discussion on point Nos.1 to 4, accused persons are liable to be acquitted for the charges levelled against them. Therefore, I proceed to pass the following: ORDER Acting under Section 248(1) of Cr.P.C. the accused Nos.1 to 4 are acquitted for the offences punishable under Section 341, 325, 504, 506 r/w Sec.34 of IPC. The accused Nos.1 to 4 are set at liberty. The bail bond executed by the accused Nos.1 to 4 are hereby stands cancelled after appeal period." 8. If on the aforequoted reasons, the other accused have been acquitted, it cannot be said that the petitioner being permitted to trial would get convicted for the said offences. In that light, to save precious judicial time, I deem it appropriate to excise the jurisdiction under Section 528 to the BNSS and obliterate the crime against the petitioner. 9. For the aforesaid reasons, the following: ORDER i) The Criminal Petition is allowed. - 6 - HC-KAR CNR: KAHC010377082026 NC: 2026:KHC:40090 CRL.P No. 7834 of 2026 ii) Proceedings in CC No.160 of 2024 pending on the file of II Additional Senior Civil Judge and CJM, D.K. Mangaluru, for the offences punishable under Sections 341, 325, 504, 506 read with Section 149 of IPC, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE BGN List No.: 1 Sl No.: 100