- 1 - HC-KAR NC: 2026:KHC:1373 CRL.P No. 2671 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 2671 OF 2020 BETWEEN: 1. SRI KISHORE S/O S.Y. RAMESH, AGED ABOUT 30 YEARS, R/AT NO.176, SHANTHIPURA, HUSKUR POST, ANEKAL TALUK, BENGALURU - 560 099. 2. SRI. DODDAIAH S/O LATE YALLAPPA, AGED ABOUT 47 YEARS, R/AT NO.496, 2ND CROSS, S G PALYA, TAVAREKERE BENGALURU-5600 …PETITIONERS (BY SRI. ABHINAY Y.T., ADVOCATE FOR SRI. OMKARA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KENGERI POLICE STATION, BENGALURU - 56 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. S.Y. RAMESH S/O LATE YALLABHOVI, AGED ABOUT 49 YEARS, R/AT NO.176, SHANTHIPURA, HUSKUR POST, ANEKAL TALUK, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1373 CRL.P No. 2671 of 2020 BENGALURU - 560 099. …RESPONDENTS (BY SMT. SOWMYA .R., HCGP FOR R1 SRI. VENKATACHALAPATHI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.15521/2019 REGISTERED WITH THE RESPONDENT NO.1 POLICE STATION, WHEREIN THE PETITIONERS ARE INDICATED FOR THE ALLEGED OFFENCES P/U/S 341, 427, 363, 511, 120(B) R/W 149 OF IPC WHICH IS PENDING ON THE FILE OF XXXII ADDL.C.M.M., BENGALURU. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioners being accused Nos.7 and 8 in C.C.No.15521/2019 on the file of the learned XXXII Additional Chief Metropolitan Magistrate Court, Bengaluru, registered for the offences punishable under Sections 341, 427, 363, 511, 120-B read with Section 149 of Indian Penal Code (for short, 'the IPC'), are seeking to quash the criminal proceedings initiated against them. 2. Heard Sri Abhinay Y.T., learned counsel for Sri.Omkara N., learned counsel for the petitioners, Smt.Sowmya R., learned High Court Government Pleader for - 3 - HC-KAR NC: 2026:KHC:1373 CRL.P No. 2671 of 2020 respondent No.1 and Sri. Venkatachalapathi, learned counsel for respondent No.2. Perused the materials on record. 3. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in the 'Affirmative' for the following: REASONS 4. Respondent No.2 being the informant lodged the first information against 4 to 6 unknown persons, alleging that on 12.05.2019, when he was proceeding in the car along with CWs.2 and 3, near Kengeri Satellite Town, 2 unknown persons came in a motorbike and waylaid the car, in which the informant was proceeding. In the meantime, some unknown persons came in a Tata Sumo car, dashed on the hind portion of the car of the informant, 2 persons got down from the Tata Sumo, caught hold of the collar of the informant and tried to - 4 - HC-KAR NC: 2026:KHC:1373 CRL.P No. 2671 of 2020 kidnap him. The informant sensing danger to his life, driven the car in high speed and escaped. Those unknown persons followed him in their car. Therefore, he requested the police to register the case and to initiate legal action against the petitioners. 5. The investigation was undertaken and the charge sheet came to be filed against accused Nos.1 to 10. CW.1 is the victim-eyewitness. CWs.2 and 3 are cited as eyewitnesses. CW.4-Basavaraju is the hearsay witness. He stated that the co- accused including accused Nos.7 and 8 have given the car with a direction to follow CW.1-the informant and to kidnap him. Accordingly, they have committed the offence. 6. Initially, the FIR came to be registered against 4 to 6 unknown persons. It is stated that CWs.2 and 3 are the eyewitnesses. But according to their statements, the unknown persons came and committed the offences. Admittedly, no Test Identification Parade was held by the Investigating Officer before filing the final report. 7. Learned counsel for respondent No.2 contends that the co-accused have given their voluntary statements referring - 5 - HC-KAR NC: 2026:KHC:1373 CRL.P No. 2671 of 2020 to the involvement of the present petitioners. Statements of the co-accused cannot be the sole basis to implicate the petitioners regarding commission of the offence. Except the statements of the co-accused, there are absolutely no materials against the petitioners. Under such circumstances, initiation of criminal proceedings and continuation of the same will be in abuse of process of law. 8. In view of the above, I am of opinion that the criminal proceedings initiated against the petitioners is liable to be quashed. Accordingly, I answer the above point in the 'affirmative' and proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The criminal proceedings initiated in C.C.No.15521/2019 on the file of the learned XXXII Additional Chief Metropolitan Magistrate Court, Bengaluru, registered for the offences punishable under Sections 341, 427, 363, 511, 120-B read with Section 149 - 6 - HC-KAR NC: 2026:KHC:1373 CRL.P No. 2671 of 2020 of IPC, is hereby quashed against the petitioners. SD/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 10