Karnataka High Court
Mr Mohan vs State Of Karnataka on 15 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:14989
CRL.P No. 3481 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3481 OF 2024
BETWEEN:
MR. MOHAN,
AGED ABOUT 29 YEARS,
S/O ASWATHAPA B G,
R/AT B.K. HALLI, B K POST,
PAVAGADA RURAL, TUMKUR,
KARNATAKA - 561 202.
...PETITIONER
(BY SRI. SHREEDHAR KOTRASHETTI, ADVOCATE FOR
SMT. MONISHA N.S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH SUB INSPECTOR,
Digitally YELAHANKA POLICE STATION,
signed by V REPRESENTED BY
KRISHNA
STATE PUBLIC PROSECUTOR,
Location: High
Court of HIGH COURT OF KARNATAKA,
Karnataka BANGALORE - 560 001.
2. MR. HEMANTH KUMAR,
AGED ABOUT 25 YEARS,
S/O SIDDAPPA
R/A REVA COLLEGE HOSTEL
KATTIGENAHALLI, YELAHANKA
BANGALORE - 560 064.
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP)
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NC: 2024:KHC:14989
CRL.P No. 3481 of 2024
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.28095/2019, ON
THE FILE OF XXXVII ADDL. CMM, BANGALORE (37TH ACMM)
FOR THE OFFENCE P/U/S 143, 147, 148, 341, 323, 504, 506
R/W 149 OF IPC, ARISING OUT OF CR.NO.236/2017 OF
YELAHANKA POLICE STATION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.8 in C.C.No.28095/2019 which is pending
before the Court of XXXVII ACMM, Bengaluru for the offences
punishable under Sections 341, 323, 324, 143, 147, 148, 504,
506 R/w 149 of IPC arising out of Crime No.236/2017
registered by Yelahanka Police Station is before this Court with
a prayer to quash the entire proceedings in the said case
against him.
2. Heard the learned counsel for the petitioner and
learned HCGP for respondent.
3. FIR in Crime No.236/2017 was registered by
Yelahanka Police Station, Bengaluru on the basis of first
information received from Hemanth Kumar for the offences
punishable under Sections 341, 323, 324, 143, 147, 148, 504,
506 R/w 149 of IPC against Bharath and others. Investigation
in the said case was completed and charge sheet was filed for
NC: 2024:KHC:14989
the aforesaid offences as against 8 accused. The petitioner is
arrayed as accused No.8 in the charge sheet. Since the petition
was absconding a split up case was registered against him in
C.C.No.28095/2019. Accused Nos.1 to 7 were tried by the Trial
Court in C.C.No.9784/2018 for the charge sheeted offences and
the Trial Court has acquitted them by its judgment and order of
acquittal dated 10.04.2023. The said judgment and order
passed in C.C.No.9784/2018 has attained finality. It is under
these circumstances, the petitioner is before this Court.
4. Learned counsel for the petitioner submits that
charges against all accused is similar. Accused Nos.1 to 7 who
were tried by the Trial Court for similar charges in
C.C.No.9784/2018 have been acquitted and the said judgment
and order of acquittal dated 10.04.2023 has attained finality.
Therefore, no purpose would be served in continuing the
impugned proceedings as against the petitioner.
5. Learned HCGP who has opposed the petition
however does not dispute that judgment and order of acquittal
passed by the Trial Court in C.C.No.9784/2018 dated
10.04.2023 has attained finality.
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6. The charge sheet has been filed in the present case
as against 8 persons for the aforesaid offences. Accused Nos.1
to 7 were tried for the alleged offences in C.C.No.9784/2018
and by judgment and order dated 10.04.2023 they have been
acquitted in the said case. Undisputedly, the said judgment and
order of acquittal has attained finality. Since the petitioner was
absconding a split up case was registered against him in
C.C.No.28095/2019 and the same is now pending
consideration. Since the other accused as against whom similar
allegations were made have been already acquitted in
C.C.No.9784/2018, no purpose would be served in continuing
the impugned proceedings as against the petitioner.
Continuation of impugned proceedings as against the petitioner
is a futile exercise and also waste of Court's precious time.
Under the circumstance, I am of the opinion that the prayer
made by the petitioner is required to be granted.
7. Accordingly, the petition is allowed.
The entire proceedings in C.C.No.28095/2019 which is
pending before the Court of XXXVII ACMM, Bengaluru for the
offences punishable under Sections 341, 323, 324, 143, 147,
148, 504, 506 R/w 149 of IPC arising out of Crime
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No.236/2017 registered by Yelahanka Police Station of IPC is
hereby quashed.
Sd/-
JUDGE
NMS
