Karnataka High Court
Bhuvaneshwar @ Kutti vs State Of Karnataka on 27 March, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC:12997
CRL.P No. 12320 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 12320 OF 2023
BETWEEN:
BHUVANESHWAR @ KUTTI,
S/O. CHATHU KUTTI,
AGED ABOUT 32 YEARS,
R/AT 1ST CROSS, NEAR GANESH TEMPLE,
N.G.R. LAYOUT, RUPENA AGRAHARA,
BOMMANAHALLI, BENGALURU - 560 068.
...PETITIONER
(BY SRI. MANJUNATHA RAO LOKANDE N, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY J. P. NAGAR P.S.,
BENGALURU - 560 078.
Digitally signed by (REPRESENTED BY LEARNED
LAKSHMI T STATE PUBLIC PROSECUTOR,
Location: High HIGH COURT BUILDING,
Court of Karnataka
BANGALORE - 01)
2. M. S. RAMESH RAO
S/O. NOT KNOWN,
AGE MAJOR,
O/AT POLICE INSPECTOR,
C.C.B., N.T. PETE,
BENGALURU - 560 002.
(REPRESENTED BY LEARNED
-2-
NC: 2025:KHC:12997
CRL.P No. 12320 of 2023
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 01)
...RESPONDENTS
(BY SRI. RASHMI PATEL, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST HIM
IN C.C.NO.31915/2018 WHICH IS ARISING OUT OF
CR.NO.707/2015 OF J.P. NAGAR POLICE STATION, BANGALORE
WHICH IS PENDING BEFORE THE HONBLE XXX ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE AT BENGALURU FOR
OFFENCE P/U/S 399, 402 AND 120B OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking to quash the entire proceedings
initiated against him in C.C. No.31915/2018 pending before the
XXX Additional Chief Metropolitain Magistrate at Bengaluru,
arising out of Crime No.707/2015 of J.P.Nagar Police Station,
registered for offences punishable under Sections 399, 402 R/w
Section 120B of IPC.
NC: 2025:KHC:12997
2. The aforementioned FIR came to be registered against
accused Nos.1 to 6 on a complaint lodged by the Police
Inspector, C.C.B, N.T. Pete, Bengaluru City, alleging that the
accused were making preparation to commit dacoity, armed
with deadly weapons, near Madduramma Temple, Puttenahalli
Lake, Jaraganahalli, Bengaluru City.
3. As per complaint averments, five accused had
assembled at the spot. The police apprehended three of them,
whereas, two others escaped. Petitioner is arraigned as accused
No.6 in the FIR as well as charge sheet on an allegation that,
being in prison, he too conspired to commit the offence.
4. Admittedly, the petitioner was not present at the spot
even according to the prosecution. Learned counsel for
petitioner has also not disputed that the petitioner was in
prison at the time of alleged incident. However, it is his
contention that there is no material against the petitioner to
charge sheet him, on the other hand only on the basis of
confession statement of the co-accused, he has been arraigned
as an accused in this case.
NC: 2025:KHC:12997
5. Having perused the material on record, this Court finds
that there is no sufficient materials against the petitioner
except the voluntary statement of the co-accused. Be that as it
may, it is not in dispute that accused Nos.1 and 3 who faced
Trial in S.C. No.73/2019 and 1113/2019 are acquitted by the
Sessions Court, vide Judgment dated 14.03.2025.
6. Learned Sessions Judge has held that the prosecution
has failed to prove that the accused committed the alleged
offence and thereby extended benefit of doubt to the said
accused.
7. In the above facts and circumstances, proceedings
pending against the petitioner/accused No.6 deserves to be
quashed, as continuation of proceedings will be a futile exercise
and no purpose will be served.
Accordingly, the following:-
ORDER
i. Petition is allowed.
ii. The entire proceeding pending against the
petitioner in C.C No.31915/2018 on the file of the
NC: 2025:KHC:12997
Court of XXX Additional Chief Metropolitan
Magistrate at Bengaluru (Crime No.707/2015 of
J.P.Nagar Police station) is quashed.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
VS
CT: BHK
