Karnataka High Court
Vinay Alias Kurup Vinay S/O Madappa vs The State Of Karnataka on 18 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12569
CRL.P No. 103063 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103063 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
VINAY @ KURUP VINAY S/O MADAPPA,
AGED ABOUT 40 YEARS,
R/AT: HURULI CHIKKANAHALLI,
SOLADEVANAHALLI, BENGALURU,
KARNATAKA-560 001, PRESENTLY R/AT:
FLAT NO.25, LAND STAR PINNADA,
SURVEY NO.79/2, HIRANDAHALLI,
BIDARAHALLI, BENGALURU,
KARNATAKA-560 049.
... PETITIONER
(BY SMT. N. PADMAVATHI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY DHARWAD RURAL POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
Digitally
HIGH COURT OF KARNATAKA, DHARWAD-580 011.
signed by
RAKESH S
RAKESH HARIHAR
... RESPONDENT
S Location:
HIGH
HARIHAR COURT OF
KARNATAKA
DHARWAD
(BY SMT. GIRIJA S. HIREMATH, HCGP)
BENCH
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH
THE ENTIRE PROCEEDINGS AGAINST PETITIONER/ACCUSED NO.1 IN
C.C. NO.2866/2016 (DHARWAD RURAL POLICE STATION CRIME
NO.149/2011) WHICH IS PENDING ON THE FILE OF II ADDL. CIVIL
JUDGE AND J.M.F.C.-II, DHARWAD, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 399, 307 OF IPC AND 28 OF ARMS ACT, IN THE
INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER
IS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:12569
CRL.P No. 103063 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.1 in C.C.No.2866/2016 pending before the Court of II Additional Civil Judge and JMFC, Dharwad, arising out of Crime No.149 of 2011 registered by Dharwad Rural Police Station, Dharwad, for offences punishable under Sections 399 and 307 of IPC and Section 28 of Indian Arms Act, is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid case, as against the petitioner.
2. Heard learned counsel for the parties.
3. Learned counsel for the petitioner submits that accused No.2, who was tried by the Jurisdictional Court of Sessions Judge in S.C.No.37 of 2017, for the charge sheeted offences, has been acquitted by judgment and order of acquittal dated 27.06.2018. All the material charge sheet witnesses have turned hostile in the said case. The said judgment and order of acquittal has attained finality. No purpose would be served in prosecuting the petitioner -3- NC: 2025:KHC-D:12569 CRL.P No. 103063 of 2025 HC-KAR for the alleged offences. Accordingly, she prays to allow the petition.
4. Per contra, learned HCGP who has opposed the petition, submits that the petitioner has absconded before the Committal Court and therefore, a split-up case is registered against him. However, she does not dispute that accused No.2, against whom similar charges are found in the charge sheet, has been acquitted in a full-fledged trial by the Jurisdictional Sessions Court in S.C.No.37 of 2017.
5. It is the case of the prosecution that the first informant in the present case, who was then working as a Police Inspector of the Dharwad Rural Police Station, Dharwad had received credible information that some persons, who were travelling in a Tata Sumo vehicle bearing registration No.KA-05/B-7018 were armed with deadly weapons and they were preparing to commit dacoity. The police therefore tried to intercept the aforesaid vehicle and since the driver of the vehicle did not stop the vehicle, the -4- NC: 2025:KHC-D:12569 CRL.P No. 103063 of 2025 HC-KAR police fired at the tyre of the vehicle and the inmates of the vehicle thereafter allegedly ran away. From the vehicle, the police had seized a gun and thereafter FIR was registered against unknown persons. After completing investigation, charge sheet was filed against 6 persons. Case as against accused No.2 was committed to the Jurisdictional Court of Sessions Judge and accused No.2 was tried for the charge- sheeted offences in S.C.No.37 of 2017. The prosecution, in order to prove its case before the Jurisdictional Sessions Court, had examined 12 charge sheet witnesses as PW1 to PW12 and had got marked 9 documents as Exhibits P1 to P9. Five material objects were got marked on behalf of the prosecution as MO1 to MO5.
6. Perusal of the judgment passed in S.C.No.37 of 2017, in which, accused No.2 was tried for the charge sheeted offences and acquitted would go to show that PWs.1, 2 and 4 to 7, who are the material charge sheet witnesses have turned hostile to the case of the prosecution. In paragraph 19 of the judgment passed in -5- NC: 2025:KHC-D:12569 CRL.P No. 103063 of 2025 HC-KAR S.C.No.37 of 2017, the learned Sessions Judge has observed that, "on careful perusal of the evidence of P.W.1 to 12, Ex.P.1 to 9 and M.O.1 to 5, I am of the opinion that the evidence of prosecution is not at all helpful to the case of the prosecution. On the other hand, it has utterly failed to bring home the guilt against the accused for the alleged offences." Accordingly, the trial Court has acquitted accused No.2 for the alleged offences after a full-fledged trial was held against him. The said judgment and order of acquittal passed in S.C.No.37 of 2017 is said to have attained finality. Allegation against the petitioner and accused No.2, who has been acquitted in S.C.No.37 of 2017 after a full- fledged trial, is similar in the charge sheet. Therefore, no purpose would be served in prosecuting the petitioner for the charge sheeted offences. Under the circumstances, I am of the opinion that the prayer made by the petitioner for quashing the impugned criminal proceedings in so far as it relates to him is required to be granted. Accordingly, the following:
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NC: 2025:KHC-D:12569 CRL.P No. 103063 of 2025 HC-KAR ORDER i. Criminal Petition is allowed. ii. The entire proceedings in C.C.No.2866/2016 pending before the Court of II Additional Civil Judge and JMFC, Dharwad, arising out of Crime No.149 of 2011 registered by Dharwad Rural Police Station, Dharwad, for offences punishable under Sections 399 and 307 of IPC and Section 28 of Indian Arms Act is quashed in so far as it relates to the petitioner. iii. Pending I.A. is stands disposed of.
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(S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 92