- 1 - HC-KAR NC: 2026:KHC:6398 CRL.P No. 8785 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8785 OF 2025 BETWEEN: 1. MR. SANDO STALLANCE @ SANDO S/O STALLANCE AGED ABOUT 36 YEARS R/AT NO. 91 VEERABHADRASWAMY NILAYA R.S.PALYA, MAIN ROAD, KAMANAHALLI BENGALURU CITY – 560 084 NOW R/AT NO. 107, II FLOOR SAHITHI DAISY-II APARTMENT RAMAMURTHY NAGAR SIGNAL BENGALURU – 560 043. 2. SMT. SHOBHA STALLANCE @ SHOBHA W/O STALLANCE AGED ABOUT 57 YEARS R/AT NO.91 VEERABHADRASWAMY NILAYA R.S.PALYA MAIN ROAD KAMANAHALLI BANGALORE CITY – 560 084. NOW R/AT NO.107, II FLOOR SAHITHI DAISY II APPARTMENT RAMAMURTHY NAGAR CIRCLE Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6398 CRL.P No. 8785 of 2025 BENGALURU – 560 043. …PETITIONERS (BY SRI HASHMATH PASHA, SENIOR ADVOCATE FOR SRI SAQUIB AZEEZ KHAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BANASWADI POLICE STATION BENGALURU CITY – 560 043 REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. MR. MANISH S., S/O MR. SELVANLOYD AGED ABOUT 38 YEARS R/AT MULLAVANA VILLAGE PADDAPAKKARA POST KOLLAM DISTRICT KERALA STATE – 691 503. …RESPONDENTS (BY SRI K.NAGESHWARAPPA, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN SC NO.981/2019 PENDING ON THE FILE OF XLVTH ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH-46) FOR OFFENCES U/S 306 R/W 34 OF IPC, WHICH IS ARISING OUT OF CRIME NO.321/2017 OF BANASWADI POLICE STATION, BANGALORE CITY AS PER ANNEXURE-A, B, C AND D AS ABUSE OF PROCESS OF LAW. - 3 - HC-KAR NC: 2026:KHC:6398 CRL.P No. 8785 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – accused Nos.1 and 2 are before this Court calling in question proceedings in S.C.No.981/2019, pending before the XLV Additional City Civil and Sessions Judge, Bengaluru, for the offences under Sections 306 r/w. 34 of the IPC. 2. Heard Sri Hashmath Pasha, learned senior counsel along with Sri Saqib Azeez Khan, learned counsel for petitioners and Sri K. Nageshwarappa, learned High Court Government Pleader for respondent No.1. Respondent No.2 - complainant is served and unrepresented. 3. The co-ordinate bench had entertained the petition and granted an interim order of stay on 04.07.2025. The fact remains that prior to the filing of the present petition, charges have already been framed, the matter was set for a trial and evidence had commenced. In that light, there would be no - 4 - HC-KAR NC: 2026:KHC:6398 CRL.P No. 8785 of 2025 warrant to entertain the petition in the form that it is presented. 4. Learned senior counsel would, however, submit that trial is going on for the last nine years and there is no progress. The issue is squarely covered by a plethora of judgments rendered by the Apex Court inasmuch as the petitioners cannot be held for a crime at all, for the reason that there is neither goading nor proximity to the offence. The offence is the one punishable under Section 306 of the IPC for which the ingredients of Section 107 of the IPC is necessarily to be present and that is absent, is the submission of the learned senior counsel. 5. Though the submission would merit acceptance, if the charges have not been framed and the matter was still at the initial stage, it would be a circumstance altogether different. Therefore, the only direction that could now be issued is that, the concerned Court shall conclude the proceedings within an outer limit of three months, from the date of receipt of a copy of the order. - 5 - HC-KAR NC: 2026:KHC:6398 CRL.P No. 8785 of 2025 6. It is needless to observe that the concerned Court shall bear in mind the law as declared by the Apex Court in plethora of judgments on this issue. 7. It is made clear that since the issue is close to nine years old now, the concerned Court shall endeavor to conclude the trial as aforesaid within three months, from the date of receipt of a copy of the order, in accordance with law, without seeking any extension of time. 8. With the aforesaid direction, the criminal petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 55 CT:SS