Karnataka High Court
Vinay .C.M Alias Kurup Vinay vs State By on 2 May, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:18091
CRL.P No. 5728 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 5728 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
VINAY .C.M ALIAS KURUP VINAY
S/O MADAPPA, AGED ABOUT 40 YEARS,
R/AT HURULI CHIKKANAHALLI
SOLADEVANAHALLI, BANGALORE
KARNATAKA 560001.
PRESENTLY R/AT FLAT NO. 25,
LAND STAR PINNADA
SURVEY NO. 79/2, HIRANDAHALLI
BIDARAHALLI, BENGALURU
KARNATAKA 560049. ...PETITIONER
(BY SRI. KRISHNA KASHYAP, ADV. FOR
SRI. PADMAVATHI N., ADV.)
AND:
Digitally signed
by LAKSHMI T
STATE BY BYATARAYANAPURA POLICE
Location: High BYATARAYANAPURA SUB- DIVISION
Court of REP. BY STATE PUBLIC PROSECUTOR,
Karnataka
HIGH COURT OF KARNATAKA,
BANGALORE-560 001
...RESPONDENT
(BY SRI.M.N.ANOOP KUMAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CC.
NO.13204/2024 FOR THE OFFENCES P/U/S 399, 402 OF IPC
PENDING ON THE FILE OF THE XLVI ADDL. CHIEF JUDICIAL
MAGISTRATE, AT BENGALURU.
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NC: 2025:KHC:18091
CRL.P No. 5728 of 2025
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
1. Heard both sides and perused the material on
record.
2. Petitioner is arraigned as accused No.10 in
Crime No.140/2013 of Byatarayanapura Police Station,
Bengaluru City registered for the offence punishable under
Sections 120-B, 399 and 402 of IPC.
3. Police have filed charge sheet, on completion
of investigation, showing accused Nos.6 to 10 as
absconding.
4. The case of the prosecution is that, on
26.03.2013 at about 7.00 p.m., the complainant received
a credible information that, near BHEL Company, Mysuru
Road, No.321 near SLV Sawmill and Wood Industries
Factory, within the jurisdiction of Bytarayanapura Police
Station, the associates of one Vinay, lodged in prison, had
NC: 2025:KHC:18091
given instructions to his followers to attack one Loki and
Datta and rob the valuable and murder them. On
instructions, the said accused armed with deadly weapons,
assembled at the spot, making preparations to commit
dacoity. On the said information, the police inspector -
CW.1 along with his staff and panchas rushed to the spot
and noticed 10 persons assembled at the spot. Five of
them were apprehended and from their possession,
vehicles, mobile phones and weapons were seized. The
rest of the accused fled away from the spot.
5. The charge sheet was filed against the
petitioner and other absconding accused. The trial was
held against accused Nos.3 to 6 in S.C No.742/2020 and
S.C No.996/2021. The learned Sessions Judge after a full-
fledged trial, vide judgment dated 27.10.2022 was pleased
to acquit the said accused of the charged offences,
extending benefit of doubt holding that the prosecution
has failed to establish the charges leveled against them.
NC: 2025:KHC:18091
6. The learned Sessions Judge while acquitting
accused Nos.3 to 6 has held that the available materials
are not cogent and satisfactory to hold that accused Nos.3
to 6 guilty of the offences punishable under Sections 399
and 402 of IPC.
7. Admittedly, the petitioner was not apprehended
from the spot. It appears that only on the voluntary
statement of the co-accused who were arrested, the
petitioner was arraigned as an accused in the FIR and
charge sheet. There are no separate and distinct
allegation against the petitioner herein. Accused Nos.3 to
6 are acquitted by the trial Court after a full-fledged trial.
8. The learned counsel for the petitioner would
contend that accused No.2 who is similarly placed as the
present petitioner has preferred a petition seeking
quashing before this Court and the said petition has been
allowed and the entire proceedings against him has been
quashed.
NC: 2025:KHC:18091
9. I have perused the copy of the order passed in
Crl.P No.3239/2023 disposed on 29.11.2023, preferred by
accused No.2. This Court after taking into consideration
the judgment of acquittal passed in respect of accused
Nos.3 to 6 and observing that the materials against all the
accused are one and the same, quashed the proceedings
against the said accused.
10. Paragraph No.10 of the above order is extracted
hereunder:
"The Trial Court acquitted accused Nos.3 to
6 on the ground that none of the
independent witnesses were examined and
only official witnesses were examined and
the evidence tendered by the said official
witnesses did not establish the guilt of the
said accused beyond all reasonable doubt.
The witnesses to be examined are one and
the same. Therefore, It would be a futile
exercise, if the petitioner is subjected to
trial, since the probability of his conviction is
remote and bleak. So as to prevent the
abuse of process of law and to maintain
parity, it would be appropriate to quash the
impugned proceedings."
11. In the above facts and circumstances, no
purpose will be served if the proceedings against the
petitioner is allowed to continue, as it would be a futile
NC: 2025:KHC:18091
exercise. Hence, it is just and necessary to quash the
proceedings against the petitioner.
12. Accordingly, the following;
ORDER
i) Petition is allowed.
ii) The entire proceedings against the petitioner / accused
No.10 pending in C.C No.13204/2024 on the file of
XLVI Chief Judicial Magistrate at Bengaluru are
quashed.
iii) I.A No.1/2025 is disposed of.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
UN
