Karnataka High Court
Eshwara Reddy @ Eshwarappa. R. V vs State Of Karnataka on 4 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:13800
CRL.P No. 675 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 675 OF 2024
BETWEEN:
ESHWARA REDDY @ ESHWARAPPA. R.V.,
S/O. VENKATRAMANAYKA,
AGED ABOUT 33 YEARS,
R/AT: RAJUVANDLAPALLI,
VENKATAPURA POST,
BAGEPALLI TALUK,
CHIKKABALLAPURA - 563 124.
...PETITIONER
(BY SMT. NAGAMANI V., ADVOCATE)
Digitally
signed by AND:
GAYATHRI P G
Location: High 1. STATE OF KARNATAKA,
Court of
Karnataka BY AMRUTHAHALLI POLICE STATION,
REP. BY SPP,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2. SIDDALINGESWARA S.,
S/O. LATE SIDDANNA,
AGED ABOUT 61 YEARS,
R/AT W-151, HMT LAYOUT,
JALAHALLI,
BANGALORE - 560 013.
...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1;
V/O DATED 04.04.2024, NOTICE TO
R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S. 482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER
IN C.C.NO.20627/2019 ON THE FILE OF THE VII A.C.M.M
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NC: 2024:KHC:13800
CRL.P No. 675 of 2024
BENGALURU FOR THE OFFENCE P/U/S 471,419,420,120(b)
R/W 34 OF IPC OF AMRUTHAHALLI P.S., BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.7 in C.C.No.20627/2019 pending before
the Court of VII Additional Chief Metropolitan Magistrate,
Bengaluru arising out of Crime No.131/2015 registered by
Amruthahally Police Station, Bengaluru City for offences
punishable under Sections 471, 419, 420, 120(B) read
with 34 of IPC is before this Court under Section 482 of
Cr.P.C., with a prayer to quash the entire proceedings in
the said case as against him.
2. Heard the learned counsel for the parties.
3. F.I.R. in Crime No.131/2015 was registered by
Amruthahally Police Station for the aforesaid offences as
against 10 accused. After investigation, charge sheet was
filed by the Police as against eight accused. The petitioner
is arraigned as accused No.7 in the charge sheet. Since
the petitioner was absconding before the trial Court, split
NC: 2024:KHC:13800
case was registered against him in C.C.No.20627/2019.
Accused Nos.1 to 6 and 8 were tried before the trial Court
in C.C.No.15919/2016 and the trial Court by judgment and
order dated 29.12.2023 has acquitted accused Nos.1 to 6
and 8 for the charge sheeted offences. Under these
circumstances, petitioner is before this Court.
4. Learned counsel for the petitioner submits that
allegations against all the accused are similar and accused
Nos.1 to 6 and 8 who were tried in C.C.No.15919/2016 for
the very same allegations have been acquitted, judgment
and order of acquittal has attained finality. He submits
that there is no purpose in prosecuting the petitioner for
the very same offence on similar allegations.
5. Per contra, the learned HCGP who has opposed
the petition, however, does not dispute that the judgment
and order of acquittal by the trial Court in
C.C.No.15919/2016 has attained finality.
NC: 2024:KHC:13800
6. The material on record would go to show that,
allegations as against petitioner and accused Nos.1 to 6
and 8 in the charge sheet are similar. Accused Nos.1 to 6
and 8 who were tried for the charge sheeted offence by
the Court of VII Additional CMM Court, Bengaluru in
C.C.No.15919/2016 have been acquitted by the judgment
and order of acquittal dated 29.12.2023. Undisputedly the
said judgment and order of acquittal has attained finality.
From the perusal of the judgment passed by the trial Court
in C.C.No.15919/2019 it is seen that C.W.1 who is the first
informant had turned hostile to the case of prosecution.
Under the said circumstances, recording of further
evidence of prosecution witnesses was stopped and
accused Nos.1 to 6 and 8 have been acquitted by the trial
Court. Under these circumstances, I am of the opinion
that continuation of proceedings as against the petitioner
would be a futile exercise and waste of Courts time.
Accordingly, I proceed to pass the following:
ORDER
The Criminal petition is allowed.
NC: 2024:KHC:13800
The entire proceedings in C.C.No.20627/2019
pending before the VII Additional Chief Metropolitan
Magistrate, Bengaluru arising out of Crime No.131/2015
registered by Amruthahally Police Station for offences
punishable under Sections 471, 419, 420, 120(B) read
with 34 of IPC is hereby quashed.
Sd/-
JUDGE
GPG
