Karnataka High Court
Ajay vs State By on 8 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:14533
CRL.P No. 3067 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3067 OF 2024
BETWEEN:
AJAY
S/O WILLIAMS
AGED ABOUT 28 YEARS
NEAR GANESHA TEMPLE
GULBARGA COLONY
N G R LAYOUT
ROOPENA AGRAHARA
BOMMANAHALLI
PINCODE - 560 027
...PETITIONER
(BY SRI. RANGANATH REDDY R, ADVOCATE)
AND:
Digitally signed by 1. STATE BY
JAI JYOTHI J BOMMANAHALLI POLICE STATION
Location: HIGH BANGALORE
COURT OF REPRESENTED BY STATE PUBLIC PROSECUTOR
KARNATAKA
HIGH COURT OF KARNATAKA
PIN-560001
2. POLICE SUB INSPECTOR
BOMMANAHALLI POLICE STATION
ROOPENA AGRAHARA
BANGALORE CITY
KARNATAKA
PINCODE
...RESPONDENTS
(BY SRI. RANGASWAMY. R, HCGP)
-2-
NC: 2024:KHC:14533
CRL.P No. 3067 of 2024
THIS CRL.P IS FILED U/S. 482 CR. P. C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS
AGAINST THE PETITIONER AND REGISTRATION OF CASE FIR
IN CR. NO. 108/2022 FOR THE OFFENCE P/US/ 399,402 OF IPC
AND SEC. 25(1-B) (b) OF ARMS ACT BEFORE THE CMM COURT
AT BENGALURU AND THE SAME WAS CHARGE SHEET AND
PENDING BEFORE LVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU AS S.C. NO. 1893/2023 FOR
OFFENCE P/US/ 399,402 OF IPC AND SEC. 25(1-B)(B) OF
ARMS ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court praying to quash
the proceedings in SC.No.1893/2023 pending before LVIII
Additional City Civil and Sessions Judge, Bengaluru, for the
offences punishable under Sections 399, 402 of IPC and
Section 25(1-B)(b) of the Arms Act, 1959.
2. Heard the learned counsel appearing for the
petitioner and learned HCGP appearing for the
respondents-State.
3. The FIR in Crime No.108/2022 was registered
against five accused persons for the aforesaid offences by
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Bommanahalli Police Station, Bengaluru, on the basis of
the first information received by Chethan Kumar T.S.,
Sub-Inspector of Police of Bommanahalli Police Station.
The investigation in the said case was completed and
charge sheet was filed against five persons for the
aforesaid offences.
4. The case was committed to the Jurisdictional
Sessions Court and numbered as SC.No.1510/2022. Since
the petitioner was absconding before the trial Court, a split
up case against him was registered in SC.No.1893/2023.
Accused Nos.1, 2, 4 and 5 were tried before the trial
Court and the trial Court by judgment and order of
acquittal dated 02.11.2023 has acquitted accused Nos.1,
2, 4 and 5 in SC.No.1510/2022. The petitioner is before
this Court praying to quash the proceedings as against him
in a split up case registered in SC.No1893/2023.
5. Learned counsel for the petitioner submits that
the judgment and order of acquittal passed by the
NC: 2024:KHC:14533
Jurisdictional Sessions Court in SC.No.1510/2022 has
attained finality. Therefore, no further purpose would be
served in continuing the proceedings against the
petitioner.
6. Learned High Court Government Pleader has
opposed the petition. He however does not dispute that
the order of acquittal passed in SC.No.1510/2022 insofar
as accused Nos.1, 2, 4 and 5 has attained finality.
7. The petitioner herein was charge sheeted along
with other accused persons for the offences punishable
under Sections 399, 402 of IPC and Section 25(1-B)(B) of
the Arms Act, 1959. Perusal of the material on record goes
to show that the allegations made against all the accused
persons are similar. Accused Nos.1, 2, 4 and 5 who were
tried of the charge sheeted offences have been acquitted
by the trial Court in SC.No.1510/2022 by judgment and
order of acquittal dated 02.11.2023. Undisputedly, the
NC: 2024:KHC:14533
said judgment and order of acquittal has attained finality.
In paragraph No.21 of the judgment in SC.No.1510/2022,
the learned trial Judge has observed as follows:
"21. So, it is not the case of the
prosecution that, at the time of the alleged
raid and recovery made, except police
officers, none of the independent panch
witnesses were present. Even according to the
case of the prosecution, the said incident was
occurred by the side of public road at about 5-
30 pm in the middle of the city and it is not at
late night. Under all these circumstances, in
the absence of corroborative evidence, by any
one of the independent panch witness, solely
based on the evidence of these police officers
PW-3 to 6, who are the interested witnesses,
it cannot be held that, the prosecution has
proved the guilt of these accused beyond
reasonable doubt. Therefore, the prosecution
has not placed any consisting and
corroborative evidence to prove any of the
alleged charges leveled against these accused.
Hence, it creates a serious doubt about the
involvement of these accused in the alleged
incident. Therefore, the prosecution has
utterly failed to prove any of the ingredients
of the alleged offences by producing any
consisting and corroborative evidence beyond
reasonable doubt. Therefore, without any
alternative, the benefit of doubt should be
extended to these accused and they are
entitled for acquittal. In view of the aforesaid
reasons, 1 answer point Nos. 1 and 2 in
"Negative".
8. The petitioner is facing trial for the very same
offences in a split up of case, which is pending in
NC: 2024:KHC:14533
SC.No.1893/2023, though, accused Nos.1, 2, 4 and 5
have been acquitted for the similar offences in
SC.No.1510/2022. Hence, no purpose would be served in
continuing the impugned proceedings as against the
petitioner and it would be a futile exercise. Under the
circumstance, I am of the opinion that the prayer made by
the petitioner is required to be granted. Accordingly, I pass
the following:
ORDER
i. The petition is allowed.
ii. The proceedings in SC.No.1893/2023 pending
before LVIII Additional City Civil and Sessions
Judge, Bengaluru, for the offences punishable
under Sections 399, 402 of IPC and Section
25(1-B)(b) of the Arms Act, 1959, is
quashed.
Sd/-
JUDGE
PB
