Sri Chethan vs State By
2023 Latest Caselaw 1708 Kant

                                                        -1-
                                                                 CRL.P No. 511 of 2023




                                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                      DATED THIS THE 6TH DAY OF MARCH, 2023

                                                       BEFORE
                                      THE HON'BLE MR JUSTICE K.NATARAJAN
                                        CRIMINAL PETITION NO. 511 OF 2023
                      BETWEEN:

                      1.     SRI CHETHAN
                             S/O LATE JAGADEESH,
                             AGED 29 YEARS
                             R/AT NO. 89, 18TH COSS,
                             KURUBARAHALLI,
                             JC NAGAR,
                             BENGALURU.
                                                                              ...PETITIONER
                      (BY SRI. RANGANATH REDDY R.,ADVOCATE)

                      AND:

                      1.     STATE BY
                             RAJAGOPALANAGARA POLICE STATION,
                             BENGALURU.
                             REPRESENTED BY STATE PUBLIC PROSECUTOR,
                             HIGH COURT OF KARNATAKA,
                             PIN - 560 001.

                      2.   SUB - INSPECTOR OF POLICE
Digitally signed by
SHOBHA C                   RAJAGOPALANAGARA POICE STATION,
Location: High
Court of Karnataka         REPRESENTED BY STATE PUBLIC PROSECUTOR,
                           HIGH COURT OF KARNATAKA.
                           PIN - 560 001.
                                                                 ...RESPONDENTS
                      (BY SRI. B. J. ROTITH., HCGP)

                            THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
                      CR.P.C PRAYING    TO QUASH THE PROCEEDINGS AGAINST THE
                      PETITIONER AND REGISTRATION OF CASE IN CRIME NO.20/2013
                      REGISTERED BY RESPONDENT NO.1 POLICE STATION IN VII
                      ADDL.C.M.M., BENGALURU FOR THE OFFENCE PUNISHABLE UNDER
                      SECTIONS 399 AND 402 OF IPC WHICH IS NOW COMMITTED AND
                      PENDING AS S.C.NO.124/2017.

                          THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                                  -2-
                                             CRL.P No. 511 of 2023




                              ORDER

Learned HCGP takes notice for respondents.

2. Heard learned counsel petitioner. Learned counsel for

the petitioner submits the co-accused persons have already

ended in acquittal and this petitioner is absconding. Earlier he

was released on bail, subsequently the present petitioner is

absconding. Therefore, is before this Court for quashing the

proceedings filed against him.

3. Having heard the arguments and on perusal of record

which reveals, ofcourse the co-accused persons already not

acquitted from the trial court, but this petitioner is an

absconding accused. NBW and proclamation was pending

against him.

4. Therefore, question of quashing the criminal

proceedings against the petitioner does not arise. The

petitioner is permitted to get the bail before the competent

court. Thereafter he is at liberty to file application for seeking

discharge under Section 227 of Cr.P.C based upon the

judgment passed by the trial court in S.C.No.124/2017.

CRL.P No. 511 of 2023

Accordingly, this petition is dismissed.

Sd/-

JUDGE

AKV