Srinivas @ Kurup Seena vs State Of Karnataka
2022 Latest Caselaw 12804 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 03RD DAY OF NOVEMBER, 2022

                           BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION NO.150 OF 2022

BETWEEN

SRINIVAS @ KURUP SEENA
S/O LATE DORAI RAJ
AGED ABOUT 32 YEARS
R/AT NO. 224, 14TH CROSS
G.K. LAYOUT
CHINNAKESHAVANAGAR
BENGALURU 560 068                          ... PETITIONER

(BY SRI RAJASHEKARA R V , ADVOCATE)

AND

1.    STATE OF KARNATAKA
      BY PARAPPANA AGRAHARA POLICE STATION
      BENGALURU 100

2.    RAJASHEKAR
      S/O G. RAME REDDY
      AGED ABOUT 48 YEARS
      R/AT NO. 133/2, ANNASANDRAPALYA
      YELLAMMA DEVASTANA ROAD,
      H.A.L.,
      BENGALURU 560017
                                         ... RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP FOR R1
 SRI M.N. LEELARAJU, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ENTRE PROCEEDINGS
PENDNG IN C.C.NO.15759/2019 ON THE FILE OF THE LEARNED
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IX ACMM, BANGALORE WHICH IS MARKD AS ANNEXURE-A
WHICH IS REGISTERED AGAINST THE PETITIONER FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 384,195A,506 READ
WITH SECTION 34 OF IPC.

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

                            ORDER

This petition is filed by the petitioner-accused No.3

under Section 482 of Cr.P.C. for quashing the criminal

proceedings in C.C.No.15759/2019 pending on the file of

IX Additional Chief Metropolitan Magistrate, Bengaluru for

the offences punishable under Sections 384, 195(A) and

506 read with Section 34 of IPC.

2. Heard the arguments of learned counsel for the

petitioner, learned High Court Government Pleader for

respondent No.1-State and learned counsel for the

respondent No.2.

3. Respondent No.2 served, unrepresented

4. The case of the petitioner is that the petitioner

and other accused were charge-sheeted by the Police. The

same was registered in C.C.No.6735/2013 and the

petitioner was absconded and split up charge-sheet has

been filed and numbered as C.C.No.15759/2019. The

original case was ended in acquittal as the complainant-

respondent No.2 turned hostile, his wife also turned hostile

and examined only two witnesses. The prosecution failed

to prove the case. Hence, accused Nos.1, 2 and 4 were

acquitted by the trial Court in C.C.No.6735/2013 vide

judgment dated 29.03.2016 and now the petitioner is

facing the trial. Even if the petitioner is facing the trial and

it is ended in acquittal as the very complainant turned

hostile. Hence, prayed for quashing the criminal

proceedings.

5. Considering the facts and circumstances of the

case, of course, the petitioner was absconding, the case

against him was split up as per the order dated

27.02.2015. Subsequently, accused Nos.1, 2 and 4 are

facing trial in C.C.No.6735/2013 where the prosecution

examined only two witnesses i.e., the complainant and his

wife and they have totally turned hostile. Even the trial

Court has not examined the Investigating Officer and

dropped the further proceedings. It is nothing but dropping

the further proceedings and acquitting the accused

persons.

6. Such being the case, the petitioner is accused

No.3 and even the petitioner facing trial, no purpose will

be served as the complainant himself turned hostile and he

also served un represented before this Court. Therefore,

conducting criminal proceedings against the petitioner-

accused No.3 is nothing but abuse of process of law and

liable to be quashed.

7. Accordingly, the petition is allowed.

The criminal proceedings in C.C.No.15759/2019 on

the file of IX Additional Chief Metropolitan Magistrate,

Bengaluru is hereby quashed.

Sd/-

JUDGE

GBB