[email protected] Rajashekar vs State Of Karnataka
2022 Latest Caselaw 1221 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 27TH DAY OF JANUARY, 2022

                          BEFORE

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

         CRIMINAL PETITION NO.1382 OF 2019

BETWEEN:

RAJA @ RAJASHEKAR,
S/O GOPALAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.12/76, APPOUVNAGAR,
3RD CROSS, THALLY ROAD,
HOSUR, KRINSHAGIRI,
TAMIL NADU - 635 109.
                                             ... PETITIONER
(BY SRI.S.JAGAN BABU, ADV.)


AND:

STATE OF KARNATAKA,
ITS BY NANDAGUDI POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
                                           ... RESPONDENT
(BY SRI.R.D.RENUKARADHYA, HCGP)


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO QUASH THE ENTIRE PROCEEDINGS AND CHARGE
SHEET IN C.C.NO.314/2007 ARISING OUT OF CR.NO.207/2005 FOR
THE OFFENCES P/U/S 143, 147, 148, 324, 504, 506, 341, 302
READ WITH 149 OF IPC OF RESPONDENT NO.1 NANDAGUDI
POLICE STATION, BANGALORE RURAL DISTRICT, NOW PENDING
ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC,
HOSAKOTE, BANGALORE RURAL DISTRICT.
                                2




      THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

Charge sheet was filed against the petitioner No.6 and

other accused for the offences punishable under Sections 143,

147, 148, 302, 341, 342, 504 and 506, read with 149 of IPC

alleging that the petitioner and the other accused formed

unlawful assembly with common objective to commit murder.

The specific allegation against the petitioner is that the

petitioner along with C.W.5 and 7 caught hold of the deceased

and the accused No.1 stabbed the victim which resulted in

causing grievous injuries and the victim died in the hospital.

2. The petitioner herein who is accused No.6 was

absconding, as such trial was split and the trial Court after

holding a full-fledged trial passed a judgment acquitting all

the accused for the offences charged against them. The

petitioner thereafter surrendered before the trial Court and

was enlarged on bail and has filed this petition for quashing

the proceedings pending against him on the ground that

similarly situated accused persons and so also the main

accused have been acquitted, since all the eye-witnesses

turned hostile.

3. I have considered the submission made by

learned counsel for the parties.

4. The specific allegation against the petitioner is

that he along with accused Nos.5 and 7 caught hold of the

victim and at that time accused No.1 stabbed the victim

causing grievous injuries. The victim died in the hospital. The

Jurisdictional Sessions Court after full-fledged trial has

acquitted the other accused for the offences charged against

them on ground that all the eye-witnesses turned hostile. The

allegation made against the petitioner is similar to that of the

accused Nos.5 and 7 and the Jurisdictional Sessions Court has

acquitted the main accused i.e., accused No.1.

5. Hence, I am of the considered view, that the

continuation of trial against the petitioner would be a futile

exercise, since the possibility of conviction of the petitioner is

highly remote and bleak and to prevent abuse of process of

law, it would be appropriate to quash the impugned

proceedings pending against the petitioner before the trial

Court. Accordingly, I pass the following:

ORDER

Criminal Petition is allowed.

The proceedings in C.C.No.314/2007 pending on the

file of the Principal Civil Judge and JMFC Court, Hoskote,

Bangalore Rural District for the offences punishable under

Sections 143, 147, 148, 302, 341, 342, 504 and 506, read

with 149 of IPC against the petitioner is hereby quashed.

Sd/-

JUDGE

RKA