The High Court of Karnataka quashed criminal proceedings under Section 302 IPC against the petitioner after co-accused were acquitted for failure of evidence, holding continuation would be an abuse of process and violate parity.
The Criminal petition allowed; impugned proceedings in C.C. No.326/2006 quashed; petitioner-accused acquitted of alleged offences.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:36851 CRL.P No. 1834 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 1834 OF 2023
BETWEEN:
YOGESH S/O NARAYANAPPA AGED ABOUT 26 YEARS, R/AT NO.16, 5TH CROSS, BHOVI COLONY BASAVESHWARA NAGAR, BANGALORE-79.
…PETITIONER
(BY SRI. MOHANKUMARA D., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. K.P. YASHODA, HCGP FOR R-1; NOTICE TO R-2 SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.326/2006 INITIATED AGAINST THE PRESENT PETITIONER BY THE LEARNED PRINCIPAL
NC: 2023:KHC:36851 CRL.P No. 1834 of 2023
CIVIL JUDGE AND JMFC, NELAMANGALA FOR THE OFFENCES P/U/S 302, 120(B) R/W 34 OF INDIAN PENAL CODE REGISTERED BY THE RESPONDENT NELAMANGALA POLICE STATION IN CRIME NO.53/2004.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner-accused No.1 is sought to be prosecuted for the offences punishable under Section 302, 120(B) r/w 34 of IPC.
Cycle near sarovar Land Developers, near Gollahalli on Hesarghatta to Gollahalli road at 11.00 p.m. with a common intention to commit his murder and accused No.1 Yogesha assaulted him with a chopper on his head, cheek, ears and hands and when deceased Krishnappa fell down on the ground, accused No.2 Yogesh picked up stones and pelted the same on the head of deceased Krishnappa and intentionally caused his death. That on 18.1.2004 at about 7.30 a.m. when the complainant Manjunath was going towards his land at Gollahalli he found the dead body of deceased Krishnappa and immediately went to Nelamangala Police Station and filed his complaint in this regard.
NC: 2023:KHC:36851 CRL.P No. 1834 of 2023
ORDER
i) The Criminal petition is allowed
ii) The Impugned proceedings in C.C. No.326/2006 on the file of the Principal Judge and JMFC, Nelamangala stands quashed and the petitioner-accused No.1 is acquitted of the offences alleged against him in Crime No.53/2004 registered by the Nelamangala Police Station.
Sd/JUDGE
HR
3 issues framed by the court
Whether proceedings under Section 302 IPC against the petitioner should be quashed after the acquittal of co-accused persons.
Whether the acquittal of co-accused justifies quashing of proceedings to prevent abuse of process of law.
Whether there is parity of defence if the petitioner is subjected to trial while co-accused are acquitted.
Colour shows how this judgement treated each authority
Crl.P.No.6857/2020Distinguished¶35
2 provisions across 2 enactments
Yogesh S/o Narayanappa
State of Karnataka
Manjunatha S/o Gangappa
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
