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2026 DAILYLAW 6090 (KAR)

THE STATE BY UPPARPET POLICE v. SRI KRUPA @ ASHOKA

CRL.RP/166/2016 · 2026-02-18

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10002 CRL.RP No. 166 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO.166 OF 2016 BETWEEN: THE STATE BY UPPARPET POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU - 01 …PETITIONER (BY SRI. ANOOP KUMAR M V., HCGP) AND: SRI. KRUPA @ ASHOKA S/O RUDRAPPA, AGED ABOUT 31 YEARS, BIDJANAHATTI VILLAGE, HOLALKERE HOBLI, CHITRADURGA DISTRICT - 577 528 …RESPONDENT (VIDE ORDER DATED 09.06.2017, NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO ALLOW THE ABOVE CRIMINAL REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 19.09.2015 PASSED IN S.C.NO.949/2010 ON THE FILE OF THE LVI ADDL. CITY CIVIL AND SESSIONS JUDGE., BENGALURU CITY PASSED IN RESPECT OF OFFENCES PUNISHABLE UNDER SECTIONS 143,148,307 R/W SECTION Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10002 CRL.RP No. 166 of 2016 149 OF I.P.C., REGISTERED IN CRIME NO.784/2005 OF UPPARPET POLICE STATION AND ETC THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. The State is before this Court in this revision petition filed under Section 397 read with Section 401 of Cr.PC. with a prayer to set-aside the judgment and order dated 19.09.2015 passed by the Court of LVI Addl. City Civil and Sessions Judge, Bengaluru, in SC No.949/2010. 2. Heard the learned HCGP for the petitioner/State. 3. Respondent herein was charge sheeted by Upparpet Police Station, Bengaluru, for the offences punishable under Sections 143, 148, 307 read with Section 149 of IPC in Crime No.784/2005 along with eight others. Respondent was arrayed as accused No.8 in the FIR. After completing investigation, charge sheet was filed against all the 9 accused and a case was registered against the accused before the jurisdictional Sessions Court, Bengaluru in SC No.949/2010, in which petitioner is arraigned as accused No.8. Learned Sessions - 3 - HC-KAR NC: 2026:KHC:10002 CRL.RP No. 166 of 2016 Judge vide the order impugned has closed the case against the petitioner and being aggrieved by the same, State is before this Court. 4. Perusal of the material on record would go to show that charge sheet was filed in the present case against nine persons for the aforesaid offences and as against other accused, trial was held in SC No.112/2006 and they were acquitted of the charge sheeted offences. Insofar as the petitioner is concerned, since he was absconding, a split-up case was registered against him and case was pending before the jurisdictional Court of Sessions Judge in SC No.949/2010. Since the prosecution had failed to secure the presence of the petitioner in the said case in spite of the Trial Court granting sufficient opportunity, the learned Sessions Judge, has passed the order impugned closing the case as against him. 5. It is not in dispute that the judgment and order of acquittal passed in the present case as against the other accused persons has attained finality. Though this Court has issued notice to the respondent in the present case., for the last about more than eight years, even in the present case, the - 4 - HC-KAR NC: 2026:KHC:10002 CRL.RP No. 166 of 2016 prosecution is not in a position to serve the notice in this petition on the respondent. Even otherwise, all the other accused persons have been acquitted of the charge sheeted offences in the present case. Therefore, no purpose would be served in continuing the proceedings as against the petitioner herein, who is arrayed as accused No.8 and allegation as against him in the charge sheet is similar to the other accused, who have been acquitted in the present case after full-fledged trial. Under the circumstances, I am of the opinion that this petition deserves to be rejected. Accordingly, the criminal revision petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 4