Karnataka High Court
Thowsif vs The State Of Karnataka on 28 September, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
CRL.P No. 6952 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6952 OF 2022
BETWEEN:
1. THOWSIF,
S/O. ABBOBAKKAR,
AGED ABOUT 36 YEARS,
R/AT CHANDRA MOULESHWARA
TEMPLE ROAD,
K.S. RAO NAGAR,
KARNAD VILLAGE,
MULKY,
MANGALORE TALUK,
D.K. DISTRICT-575 231.
...PETITIONER
(BY SRI. LETHIF B.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY MULKI POLICE STATION,
Digitally signed by
PADMAVATHI B K D.K. DISTRICT,
Location: HIGH REP BY THE S.P.P.,
COURT OF
KARNATAKA HIGH COURT BUILDING,
BANGALORE-560 001.
2. SRI. MANJUNATH,
S/O. SHARANAPPA,
AGED ABOUT 18 YEARS,
R/AT HULIKOPPA,
-2-
CRL.P No. 6952 of 2022
KALLAKATTE TALUK,
DHARWAD DISTRICT-580 001.
...RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONER IN SPL.C.NO.49/2019 (CR.NO.45/2015) OF MULKI
P.S. D.K.DISTRICT FOR THE OFFENCE P/U/S
143,147,148,323,324,363,504,506 R/W 149 OF IPC AND
SEC.3(1)(x) OF SC/ST (POA) ACT ON THE FILE OF THE II
ADDL.DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU.
THIS PETITION, COMING ON FOR DICTATING
JUDGMENT THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner calls in question the split charge sheet in Spl.C.No.49/2019, pending before the II Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, registered for offences punishable under Sections 143, 147, 148, 323, 324, 363, 504, 506 r/w. 149 of the IPC. Petitioner is accused No.9.
2. Heard Sri.Lethif B., learned counsel for petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader for respondent No.1.
-3-CRL.P No. 6952 of 2022
3. Learned counsel for the petitioner submits that the Co-ordinate Bench of this Court noticing the fact that other accused Nos.1, 2 and 14 are acquitted by the concerned Court, quashed the proceedings against accused No.11, who was tried in a split charge sheet in the very same crime number, in Crl.P.No.7732/2019, disposed on 18.01.2022. He submits that the petitioner in the subject petition is accused No.9, in the very same crime and is also entitled for the same benefit as is granted to accused No.11 and therefore, seeks quashment of the proceedings.
4. The order of this Court in Crl.P.No.7732/2019, disposed on 18.01.2022, pertaining to accused No.11 reads as follows:
"2. The petitioner having absconded, the trial Court proceeded to conduct the trial against the other accused and after full-fledged trial acquitted the other accused for the alleged -4- CRL.P No. 6952 of 2022 offences. Petitioner states that thereafter he surrendered before the jurisdictional trial Court and was enlarged on bail. Hence, he has filed this petition to quash the proceedings pending against him before the trial Court, since it will be a futile exercise, if the petitioner is subjected to trial.
3. I have considered the submissions made by the learned counsel appearing for the parties.
4. Charge sheet was filed against the petitioner and other accused for the aforesaid offences. The trial Court after full-fledged trial has acquitted the other accused for the aforesaid offences. Accused Nos.1, 2 and 14, against whom the allegation of kidnap and assault is attributed have been acquitted. Hence, it will be a futile exercise, if the trial is proceeded against the petitioner. To prevent the abuse of process of law and also to secure the ends of justice, it would be appropriate to quash the impugned proceedings pending against the petitioner before the trial Court.-5- CRL.P No. 6952 of 2022
In the light of the afore-extracted order and the facts obtaining in the case at hand, the petitioner is also entitled to the same benefit as is granted to accused No.11 by the Co-ordinate Bench of this Court.
5. For the afore-said reasons, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The split charge sheet against the petitioner/accused No.9 in Spl.C.No.49/2019, pending before the II Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, stands quashed.
Sd/-
JUDGE NVJ List No.: 1 Sl No.: 89