Karnataka High Court
Rafiq vs State Of Karnataka By on 8 February, 2022
Bench: Hemant Chandangoudar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.6909 OF 2018
BETWEEN:
1. RAFIQ,
S/O. B K BAVUNNI,
AGED ABOUT 35 YEARS,
R/AT D.NO. 5-68/55,
SURATHKAL, BAJPE,
MANGALORE - 574142.
2. DAVOOD HAKIM
S/O. HASANABBA,
AGED ABOUT 22 YEARS,
R/AT NO. 4-174 (22),
ODDIDA KALAL,
BAJPE,
MANGALORE - 574142.
3. MALLIK @ IRFAN
S/O. IBRAHIM,
AGED ABOUT 35 YEARS,
R/AT. D.NO. 5-241,
SURALPADI,
BAJPE,
MANGALORE - 574 142. ...PETITIONERS
(BY SRI P KARUNAKAR, SR. ADVOCATE)
-:2:-
AND:
1. STATE OF KARNATAKA BY
SURAATHKAL POLICE STATION,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA - 01
2. NEHRU CHAVAN
S/O. PREMCHAND CHAVAN,
BP COMPOUND ROAD,
SILVER BUILDING OPPOSITE,
BAJPE, MANGALORE TALUK,
DK 574142. ...RESPONDENTS
(BY SRI R.D.RENUKARADHYA, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.PC. PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN SO FAR AS THE PETITIONERS IN
C.C.NO.1493/2017 PENDING ON THE FILE OF THE II-JMFC
COURT, MANGALORE FOR THE OFFENCE P/U/S 395 R/W 149
OF IPC.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THROUGH VIDEO CONFERENCE THE
COURT MADE THE FOLLOWING:
ORDER
The first information report was lodged alleging that
on 10.02.2015 at 2.00 a.m., six unknown persons came with
an iron rod and pipe and tide three security personnel and
lifted drum containing 276 meters length of copper cable with
the help of crane and carried away the same in the lorry.
2. The Police registered FIR for the offence
punishable under Section 395 r/w section 149 of IPC. The
Police after investigation, filed the charge sheet against the
petitioners and other accused for the offence punishable
under Section 395 r/w section 149 of IPC. Since the
petitioners were absconding, the trial was split up and the
learned Sessions Judge proceeded to hold full fledged trial
against the accused Nos. 7 and 9 in S.C. No.159/2017 and
also accused Nos.1 to 6, 8 and 11 in S.C. No.107/2017.
3. The learned Session Judge, after full fledged trial
acquitted the said accused for the offence punishable under
Section 395 r/w section 149 of IPC. The petitioners who
have absconded have filed this petition before this Court
seeking for quashing the impugned proceedings pending
against them for the very same offence stating that the other
accused against whom similar charges were levelled are
acquitted and that it will be a futile exercise if the trial is
proceeded against them since the possibility of conviction of
this petitioners is remote and bleak.
4. I have considered the submission made by the
learned counsel appearing for the petitioners and learned
HCGP appearing for the respondent-State.
5. Perusal of the judgment passed by the learned
Sessions Judge in S.C.No.107/2017 and S.C.No.159/2017
discloses that the accused Nos.1 to 6, 8 and 11 accused
Nos.7 and 9 have been acquitted for the offence punishable
under Sections 395 r/w 149 of IPC holding that the
prosecution has failed to prove beyond reasonable doubt that
the accused therein has committed the offence alleged
against them. The allegations made against the petitioners
herein are similar to that of the accused who have been
acquitted by the learned Sessions Judge. Hence, so as to
maintain parity and having regard to the fact that, it may
cause injustice, if they are subjected to trial and possibility of
conviction of this petitioners being remote and bleak, it
would be appropriate to quash the impugned proceedings
pending against them. Accordingly, I pass the following:
ORDER
i. The criminal petition is allowed.
ii. Proceedings in C.C.No.1493/2017 pending on the file
of the JMFC II Court, Mangaluru, for the offence punishable
under Section 395 r/w 149 of IPC is hereby quashed.
Sd/-
JUDGE
HR
