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2026 DAILYLAW 41513 (KAR)

FAIZ ALI KHAN v. STATE OF KARNATAKA

CRL.P/656/2026 · 2026-09-23

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010030132026 NC: 2026:KHC:52414 CRL.P No. 656 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 656 OF 2026 BETWEEN: FAIZ ALI KHAN, AGED ABOUT 29 YEARS, S/O. RIZWAN, NO.5, 10TH CROSS, SOMESHWARA NAGARA, LALBAGH, SIDDAPURA, BENGALURU CITY-560 011, KARNATAKA. …PETITIONER (BY SRI KALEEM SABIR,ADVOCATE) AND: 1. STATE OF KARNATAKA BY KALASIPALYA POLICE STATION, BENGALURU CITY-560 002. (REPRESENTED BY STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA AT BANGALORE-560 001. 2. RAMA NAIK. S, AGED ABOUT 65 YEARS, POLICE SUB INSPECTOR, KALASIPALYA POLICE STATION, BENGALURU CITY-560 002, KARNATAKA. …RESPONDENTS (BY SRI NAGHARISH G S, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010030132026 NC: 2026:KHC:52414 CRL.P No. 656 of 2026 HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CC.NO.27169/2018 ON THE FILE OF THE HONBLE VIII ACMM, BENGALURU (WHICH IS NOW TRANSFERRED TO V ACJM, BENGALURU) ARISING OUT OF CR.NO.242/2017 OF KALASIPALYA P.S., BENGALURU, FOR THE OFFENCES P/U/S 399 AND 402 OF IPC AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner and learned High Court Government Pleader appearing for the respondent-State. 2. This petition is filed by accused No.1 to quash the proceeding in C.C.No.27169/2018 pending before for the Chief Judicial Magistrate, Bengaluru. The case is registered pursuant to Crime No.242/2017 of Kalasipalya Police Station, Bengaluru for the offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860. 3. Learned counsel appearing for the petitioner would submit that other accused, namely accused No.2 and 5 have been tried and have been acquitted, as such, there is no need Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010030132026 NC: 2026:KHC:52414 CRL.P No. 656 of 2026 to prosecute further against the petitioner and exercise is futile. Thus, the learned counsel would submit that the petition has to be quashed. 4. Learned High Court Government Pleader would submit that, the petitioner was absconding since 26.03.2024, as such petitioner has to face trial and he is not entitled to any indulgence. 5. The Court has considered the contentions raised at the Bar and perused the records. 6. Merely because accused No.1 and 5 have been acquitted after trial, that does not mean that the petitioner who is accused No.1 should not face trial. What kind of evidence that will be led in case the trial is held against accused No.1, cannot be foreseen at this stage. 7. The Court is of the view that the petitioner who has absconded for 2 years and has violated the bail conditions is not entitled to indulgence in an extraordinary jurisdiction under Section 482 of the Code of Criminal Procedure, 1973. Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010030132026 NC: 2026:KHC:52414 CRL.P No. 656 of 2026 8. Accordingly, the Criminal Petition is dismissed. (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 7 Digitally Signed by ANANT RAMNATH HEGDE