Karnataka High Court
Vinay Alias Kurup Vinay S/O Madappa vs The State Of Karnataka on 18 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12569
CRL.P No. 103063 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103063 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
VINAY @ KURUP VINAY S/O MADAPPA,
AGED ABOUT 40 YEARS,
R/AT: HURULI CHIKKANAHALLI,
SOLADEVANAHALLI, BENGALURU,
KARNATAKA-560 001, PRESENTLY R/AT:
FLAT NO.25, LAND STAR PINNADA,
SURVEY NO.79/2, HIRANDAHALLI,
BIDARAHALLI, BENGALURU,
KARNATAKA-560 049.
... PETITIONER
(BY SMT. N. PADMAVATHI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY DHARWAD RURAL POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
Digitally
HIGH COURT OF KARNATAKA, DHARWAD-580 011.
signed by
RAKESH S
RAKESH HARIHAR
... RESPONDENT
S Location:
HIGH
HARIHAR COURT OF
KARNATAKA
DHARWAD
(BY SMT. GIRIJA S. HIREMATH, HCGP)
BENCH
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH
THE ENTIRE PROCEEDINGS AGAINST PETITIONER/ACCUSED NO.1 IN
C.C. NO.2866/2016 (DHARWAD RURAL POLICE STATION CRIME
NO.149/2011) WHICH IS PENDING ON THE FILE OF II ADDL. CIVIL
JUDGE AND J.M.F.C.-II, DHARWAD, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 399, 307 OF IPC AND 28 OF ARMS ACT, IN THE
INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER
IS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:12569
CRL.P No. 103063 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.1 in C.C.No.2866/2016 pending
before the Court of II Additional Civil Judge and JMFC,
Dharwad, arising out of Crime No.149 of 2011 registered by
Dharwad Rural Police Station, Dharwad, for offences
punishable under Sections 399 and 307 of IPC and Section
28 of Indian Arms Act, is before this Court under Section
482 of Cr.P.C. with a prayer to quash the entire proceedings
in the aforesaid case, as against the petitioner.
2. Heard learned counsel for the parties.
3. Learned counsel for the petitioner submits that
accused No.2, who was tried by the Jurisdictional Court of
Sessions Judge in S.C.No.37 of 2017, for the charge
sheeted offences, has been acquitted by judgment and
order of acquittal dated 27.06.2018. All the material charge
sheet witnesses have turned hostile in the said case. The
said judgment and order of acquittal has attained finality.
No purpose would be served in prosecuting the petitioner
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HC-KAR
for the alleged offences. Accordingly, she prays to allow the
petition.
4. Per contra, learned HCGP who has opposed the
petition, submits that the petitioner has absconded before
the Committal Court and therefore, a split-up case is
registered against him. However, she does not dispute that
accused No.2, against whom similar charges are found in
the charge sheet, has been acquitted in a full-fledged trial
by the Jurisdictional Sessions Court in S.C.No.37 of 2017.
5. It is the case of the prosecution that the first
informant in the present case, who was then working as a
Police Inspector of the Dharwad Rural Police Station,
Dharwad had received credible information that some
persons, who were travelling in a Tata Sumo vehicle bearing
registration No.KA-05/B-7018 were armed with deadly
weapons and they were preparing to commit dacoity. The
police therefore tried to intercept the aforesaid vehicle and
since the driver of the vehicle did not stop the vehicle, the
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HC-KAR
police fired at the tyre of the vehicle and the inmates of the
vehicle thereafter allegedly ran away. From the vehicle, the
police had seized a gun and thereafter FIR was registered
against unknown persons. After completing investigation,
charge sheet was filed against 6 persons. Case as against
accused No.2 was committed to the Jurisdictional Court of
Sessions Judge and accused No.2 was tried for the charge-
sheeted offences in S.C.No.37 of 2017. The prosecution, in
order to prove its case before the Jurisdictional Sessions
Court, had examined 12 charge sheet witnesses as PW1 to
PW12 and had got marked 9 documents as Exhibits P1 to
P9. Five material objects were got marked on behalf of the
prosecution as MO1 to MO5.
6. Perusal of the judgment passed in S.C.No.37 of
2017, in which, accused No.2 was tried for the charge
sheeted offences and acquitted would go to show that
PWs.1, 2 and 4 to 7, who are the material charge sheet
witnesses have turned hostile to the case of the
prosecution. In paragraph 19 of the judgment passed in
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HC-KAR
S.C.No.37 of 2017, the learned Sessions Judge has
observed that, "on careful perusal of the evidence of P.W.1
to 12, Ex.P.1 to 9 and M.O.1 to 5, I am of the opinion that
the evidence of prosecution is not at all helpful to the case
of the prosecution. On the other hand, it has utterly failed
to bring home the guilt against the accused for the alleged
offences." Accordingly, the trial Court has acquitted accused
No.2 for the alleged offences after a full-fledged trial was
held against him. The said judgment and order of acquittal
passed in S.C.No.37 of 2017 is said to have attained
finality. Allegation against the petitioner and accused No.2,
who has been acquitted in S.C.No.37 of 2017 after a full-
fledged trial, is similar in the charge sheet. Therefore, no
purpose would be served in prosecuting the petitioner for
the charge sheeted offences. Under the circumstances, I am
of the opinion that the prayer made by the petitioner for
quashing the impugned criminal proceedings in so far as it
relates to him is required to be granted. Accordingly, the
following:
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HC-KAR
ORDER
i. Criminal Petition is allowed.
ii. The entire proceedings in C.C.No.2866/2016
pending before the Court of II Additional Civil
Judge and JMFC, Dharwad, arising out of
Crime No.149 of 2011 registered by Dharwad
Rural Police Station, Dharwad, for offences
punishable under Sections 399 and 307 of IPC
and Section 28 of Indian Arms Act is quashed
in so far as it relates to the petitioner.
iii. Pending I.A. is stands disposed of.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KGK
CT:BCK
