In the High Court of Karnataka at Bengaluru
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2020 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8437/2019 BETWEEN : Habeebulla S/o Moideen Aged about 35 years R/at Suralpady, Near Bus Stand Badagulipady Village Mangaluru Taluk D.K.District-575 001. ...Petitioner (By Sri B.Lethif, Advocate) AND : 1. The State of Karnataka by Bajpe Police Station, D.K. District, Represented by the State Public Prosecutor High Court Building, Bengaluru-560 001. 2. Sri Narayan Anchan S/o Huvaiah Poojary Aged about 32 years R/at Bejjebettu House Muluru Village, Gurupura Post Mangaluru Taluk D.K.District-575 231. ...Respondents (By Sri Showri H.R., HCGP for R1) - 2 - This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings against the petitioner in C.C.No.2377/2008 (CR.No.132/2007) of Bajpe Police Station, D.K.District, for the offences punishable under Sections 143, 147, 148, 341, 504, 323, 427 r/w 149 of IPC on the file of the JMFC-II Court, Mangaluru, which is produced at Annexure-A. This Criminal Petition coming on for Orders this day, the Court made the following: O R D E R This petition has been filed by the petitioner/accused No.4 under Section 482 of Cr.P.C. praying to quash the proceedings in C.C. No.2377/2008 (Crime No.132/2007) of Bajpe Police Station for the offences punishable under Sections 143, 147, 148, 341, 504, 323, 427 r/w 149 of IPC pending on the file of JMFC, II Court, Mangaluru. 2. I have heard the learned counsel for the petitioner/accused No.4 and the learned High Court Government Pleader for respondent-State. Notice to respondent No.2 is dispensed with at the request and risk of the petitioner/accused. - 3 - 3. Facts leading to the case are that the complainant – Narayan Anchan filed a complaint alleging that on 19.09.2007, when he was working as a driver of a bus belonging to one Rathnakar Jain and he used to run the bus from Mangaluru to Karkala, on the same day, when he reached near Kaikamba, passengers were got into the bus and reached near Suralpady and a girl had crossed the road suddenly and dashed to that girl. It is further alleged that immediately the complainant had stopped the bus and enquired with the girl. It is alleged that at that point of time, 7 to 8 youth came and obstructed the complainant and abused him in filthy language and assaulted him all over the body and damaged the bus by pelting stones. It is alleged that the alleged incident taken place at about 8.10 a.m. On the basis of the complaint, a case has been registered in Crime No.132/2007. - 4 - 4. It is the submission of the learned counsel for the petitioner/accused No.4 that already the trial has been held as against accused Nos.1, 2, 3 and 5 in C.C. Nos.473/2008 and 2390/2019 by order dated 19.06.2008 and 23.09.2019 respectively and the said accused persons have been acquitted. It is his further submission that in the first case, the complainant was got examined as PW.2 and in the second case, the complainant has been examined as PW.1. In both the cases, the complainant has not supported the case of the prosecution and has turned hostile. Even he has not identified any of the accused. It is his further submission that because of some extraneous circumstances, accused No.4 has not appeared before the Court. Again, if the trial is held as against the present petitioner/accused No.4, it is nothing but a futile exercise and it is a waste of time of the Court. On these grounds, he prayed to allow the petition and to quash the proceedings. - 5 - 5. Per contra , learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.4 was absconding and a spilt-up case has been registered as against him. Even till date, he has not appeared before the Court below. Under such circumstance, he submits that if such type of the attitude is appreciated and allowed, under such circumstance, it is going to send a wrong signal to the society. It is further submitted that the other witnesses may support and accused may be convicted if the trial is going to be held. On these grounds, he prayed to dismiss the petition. 6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the orders passed in C.C. No.473/2008 and C.C. No.2390/2019. - 6 - 7. In both the cases, the complainant has got examined and he has not supported the case of the prosecution. On close reading of the evidence of the complainant, he has deposed that he do not know the accused persons and the other accused persons have not abused and restrained and have not caused any damages. He further stated that he has not given any complaint as per Ex.P1. When there being the evidence produced before the Court below, under such circumstance, I am of the considered opinion that if the same complainant is going to be examined before the Court below, then under such circumstance, that no progress can be made in the case of the prosecution and it will be a futile exercise. Under such circumstance, in order to meet the ends of justice, I am of the considered opinion that it is a fit case to exercise the power under Section 482 of Cr.P.C. to quash the proceedings. - 7 - 8. In that light, petition is allowed and the proceedings initiated in C.C. No.2377/2008 in Crime No.132/2007 pending on the file of JMFC, II Court, Mangaluru for the offences punishable under Sections 143, 147, 148, 341, 504, 323, 427 r/w 149 of IPC are hereby quashed . Sd/- JUDGE VBS .