Accused No.4 in a dacoity/robbery case sought quashing of proceedings under Section 482 Cr.P.C., arguing he was absent from the FIR and charge sheet lacked direct evidence. The High Court found seized mobile phone conversations connecting him to the conspiracy and dismissed the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 2475 OF 2024
BETWEEN:
VERNAL VISHANTH DSOUZA S/O VINCENT DSOUZA, AGED ABOUT 26 YEARS, R/O NEAR ANJENEYA SWAMY TEMPLE, DANTRAMUKKI, CHIKKAMAGALURU 577 101
…PETITIONER
(BY SRI. SURENDRA Y.S., ADVOCATE)
AND:
BY CHIKMAGALUR TOWN P.S., REP. BY SPP, HIGH COURT BUILDING, BANGALORE 560 001
Digitally signed by MAMATHA R
Location: High Court of Karnataka
AGED ABOUT 61 YEARS, S/O LATE SIDDEGOWDA, R/AT KANAKA NIVASA BYPASS ROAD, JYOTHINAGARA, CHICKMAGLUR 577 101
…RESPONDENTS
(BY SRI. MADHUKARA MADDUR, HCGP FOR R-1;
R-2 SERVED BUT UNREPRESENTED) ***
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.179/2021 BEFORE THE II ADDL. DISTRICT AND SESSIONS JUDGE AT CHICKAMAGALURU WHICH WAS
PREVIOUSLY IN C.C.NO.913/2021 (CRIME NO.30/2021) OF CHICKMAGALURU TOWN P.S., FOR THE OFFENCE P/U/S 448, 354, 352, 395, 120B OF IPC.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
This petition is filed by the petitioner/accused No.4 under Section 482 of the Code of Criminal Procedure, 1973, (hereinafter referred to as "Cr.P.C.") for quashing the criminal proceedings against the petitioner in C.C.No.913/2021 arising out of Crime No.30/2021 of Chickmagaluru Town Police Station and charge sheeted for the offences punishable under Sections 448, 354, 395, 120B of the Cr.P.C., now pending on the file of the II Additional District and Sessions Judge, Chickmagaluru, in S.C.No.179/2021.
Respondent No.2-complainant is served and un-
represented.
arrested some of the accused persons and on the basis of their voluntary statements, this petitioner was also
NC: 2024:KHC:52036 CRL.P No. 2475 of 2024
implicated and the Police have filed charge sheet against the accused persons including this petitioner (accused No.4), which is under challenge in this petition.
CW-18 to CW-20 are the witnesses said to have stated about the commission of dacoity. Even though the petitioner was not physically present inside the house, but remained outside and was a party to the conspiracy and therefore there is prima facie material for framing of charge against the petitioner. Hence, prayed for dismissal of the petition.
the records, which reveals that, on 27.02.2021, the accused Nos.1 and 2 said to have come inside the house of the complainant when he was out of the house. They closed the mouth of the wife of the complainant and tied her arms with a mobile charger wire and threatened to kill and asked where the gold ornaments were kept in the house. Thereafter, due to threatening, the wife of the complainant informed the accused and subsequently they looted cash of `50,000/- and 75 grams of gold ornaments. When they were going out, public were alerted by making bell by the complainant's son and the people who gathered
there tried to throw stones on the accused persons. When the accused persons tried to take the pulsar bike, the public came and intercepted the bike and therefore both of them left the bike and escaped.
NC: 2024:KHC:52036 CRL.P No. 2475 of 2024
belonging to this petitioner was seized by the Police. However, the Jeep was not seized by the Police, but the bike was seized, apart from the number plate which was removed by the accused persons.
is the contention of this petitioner that there is no connective evidence to prove conspiracy of this petitioner to commit dacoity. At this stage, the Court cannot conduct a mini-trial for quashing the criminal proceedings when the offence of dacoity and robbery committed by the accused persons in the broad daylight at 10:00 am in the house of the complainant and also the connecting evidence such as mobile phone and the telephone conversation and other incriminating materials are seized by the Police under a panchanama. This is not a fit case for quashing the criminal proceedings.
I.As., if any, do not survive for consideration.
Sd/(K.NATARAJAN) JUDGE
BMV* List No.: 2 Sl No.: 2
1 issue framed by the court
Whether criminal proceedings against accused No.4 could be quashed under Section 482 Cr.P.C. despite seized mobile phone and call records allegedly evidencing conspiracy.
5 provisions across 2 enactments
Vernal Vishanth Dsouza
State of Karnataka
Chandregowda
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
