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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2019
BEFORE
THE HON’BLE MR. JUSTICE P.G.M.PATIL
CRIMINAL PETITION NO.201453/2018
BETWEEN:
Sanjukumar @ Sanju S/o Tirumal Belkeri,
Age: 35 years, Occ: Coolie,
R/o Vijay Nagar Colony, Kalaburagi.
… Petitioner
(By Sri Shivasharana Reddy, Advocate)
AND:
1. The State of Karnataka
Through Women P.S., Kalaburagi
Represented by Addl. SPP,
High Court of Karnataka, Kalaburagi Bench.
2. Smt. Parvati W/o Ravindra Malinkeri,
Age: Major, Occ: Housewife,
R/o Rumangud, Tq. Chincholi,
Now at Ashok Nagar, Govt. Hospital, Kalaburagi.
… Respondents
This Criminal Petition is filed under Section 482 of
Cr.P.C, praying to allow the petition and quash the entire
proceedings pending against the petitioner in
S.C.No.168/2018 on the file of V Addl. Sessions Judge at
Kalaburagi in Cr.No.136/2010 of respondent police for the
offences U/s 498A, 306 R/w 149 of IPC, in the interest of
justice and equity and etc.
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This petition having been heard on 28.01.2019 and
reserved and coming on for pronouncement of order this day,
delivered the following:
ORDER
This Criminal Petition is filed under Section 482 of
Cr.P.C. seeking to quash the entire proceedings pending
against the petitioner in S.C.No.168/2018 on the file of
V Addl. Sessions Judge, Kalaburagi in Crime
No.136/2010 of Women Police Station for the offences
punishable under Sections 498A, 306 R/w 149 of IPC.
2. The brief facts of the case leading to filing
this petition are as follows:
The respondent No.2 Parvati W/o Ravindra who is
mother of deceased Krithika filed a complaint, she has
alleged in her complaint that her daughter Krithika was
her elder daughter out of her four children and were
residing in a rented house belonging to the petitioner at
Vijay Nagar Colony, Kalaburagi. Since her daughter
had a love affair with the petitioner and on coming to
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know the same, elders decided to perform her marriage
and performed their marriage. They lead happy married
life for about six months. Thereafter, the complainant
and her family who were residing in the rented house of
the petitioner, shifted their house to Ashok Nagar,
Kalaburagi. The relatives of the petitioner namely sister
of petitioner Pushpa, her husband Narsing and relatives
Dattu Police, Kasturbai, Mahadevi Teacher, who were
against the marriage of the petitioner with the daughter
of the complainant used to come to the house of the
petitioner and used to give mental torture and
harassment, due to which the petitioner left his own
house shifted to another house on rental basis.
Thereafter he left the deceased wife and went away and
did not return, due to which the deceased daughter of
complainant started residing in her parental house. It
is further stated that on 10.12.2010 at 9.30 a.m., the
relatives of the petitioner by falsely informing that the
petitioner had come to home and convinced the
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daughter of the complainant to come along with them
by assuring her that they will look after her well took
her and on the same day at about 4.00 p.m. the
complainant heard the news that her daughter had
committed suicide and on going to the place of incident,
she presumed that the accused have committed the
murder of her daughter, gave the complaint against all
the accused and the same was registered in
Cr.No.136/2010 of respondent-police station. It is
submitted that after investigation it revealed that on
10.12.2010 at 11.30 a.m. the deceased Krithika locked
herself in a portion of the rented house and committed
suicide by setting herself ablaze by pouring kerosene on
her body. Based on the suicide, the charge sheet filed
for the offence under Section 302 of IPC was altered to
Section 306 of IPC. The petitioner was mentally
disturbed due to the incident of losing his loved one,
was not arrested by respondent-police on seeing his
disturbed mental condition and deep depression. The
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petitioner started wondering to religious places all
across the country along with monks for more than 7
years, he could not be traced out by his relatives and he
was presumed to have dead. Very recently in the
month of April-2018 when the relatives of the petitioner
came to know that the petitioner is alive and wandering
like a monk, with the help of police secured the
petitioner who was mentally disturbed and produced
before the Court. Thereafter, the learned V Addl.
Sessions / Special Judge at Kalaburagi released him on
bail in Crl. Misc.No.551/2018 by order dated
28.04.2018.
3. It is further stated that accused No.2 to 6
who were tried for the common allegations of giving
harassment to the deceased were acquitted of all the
charges, since all the prosecution witnesses completely
turned hostile and denied all the suggestions made by
the public prosecutor in their cross examination. The
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copy of the judgment and order acquitting accused No.2
to 6 by learned V Addl. Sessions Judge at Kalaburagi in
S.C.No.267/2015 dated 24.04.2018 is produced
herewith. The petitioner due to deep depression and
mental disturbance due to the death of his wife left for
religious places for more than 7 years and now he is
traced out. Accused No.2 to 6 who were against the
marriage of the petitioner with deceased Krithika who
had given much mental torture and harassment leading
to suicide of wife. All the allegations and evidence on
record are inseparable in nature and other co-accused
already been acquitted by the Sessions Court after
complete trial with no witness supporting the
prosecution case. Therefore, there is no chance of
conviction of the petitioner. In the similar
circumstances, there are ample number of decisions
rendered by the Hon’ble Supreme Court and Hon’ble
High Court in which it was held that when evidence on
record are inseparable in nature and co-accused already
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been acquitted, there is no chance of conviction of the
petitioner. Therefore, the entire proceedings pending
against the petitioner in S.C.No.168/2018 on the file of
V Addl. Sessions Judge at Kalaburagi be quashed.
4. Respondent No.2 complainant was served
with notice, but un represented.
5. Heard the learned counsel for the petitioner
and learned High Court Government Pleader for the
State.
6. The learned counsel for the petitioner
submitted relying on various decisions of this Court
that accused No.2 to 6 were acquitted after full fledged
trial for the alleged offence under Section 498(A) and
306 of IPC. None of the witnesses have supported the
case of the prosecution. The petitioner-accused No.1
left the rented house and went in search of job and he
was mentally dispersed and recently he has been traced
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out, he is also enlarged on bail. The evidence in the
original case recorded before the Court is inseparable
and the allegations were common against all the
accused including in the petitioner herein. Therefore,
when the accused No.2 to 6 have been already acquitted
on the basis of the evidence produced before the Court,
the petitioner may be extended the benefit of the
acquittal in the main case. There cannot be change in
the quality of the evidence from one produced in the
previous case.
7. Per contra, the learned High Court
Government Pleader submitted that the evidence of PW1
in the case is against accused No.1. Therefore, the
accused No.1 petitioner herein is not entitled to get the
proceedings quashed.
8. It is admitted that the proceedings in
S.C.No.267/15 were initiated against the accused No.1
to 6 and the present petitioner was shown as accused
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No.1 since he was not available for trial the case against
him was split up and subsequently S.C.No.168/2018 is
registered against the petitioner-accused No.1. The
judgment in S.C.No.267/2015 goes to show that the
evidence produced by the prosecution is common
against all the accused. The complainant Smt. Paravati
the mother of the deceased was examined in the said
case as PW1, she being a circumstantial and heresy
witness, she has not stated anything about the alleged
incident. PW2-Jagannath is witness to the spot
panchanama. PW3 – Sachin is younger brother of
deceased and he is also hearsay witness. PW4-Raju is
the brother-in-law of deceased and hearsay witness to
the incident. Similarly, PW5-Ravindra is the father of
deceased and hearsay witness to the incident. PW6-
Nilambika is also hearsay witness. PW7-Baburao is
another witness for the spot panchanama. PW8-
Dasharath he is another hearsay witness. PW9-
Yashwanth, Head Constable forwarded the dead body of
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deceased to the Government Hospital. PW10-
Akkamahadevi, PSI has conducted the part of the
investigation and PW11-Sharanabasaveshwar, Police
Inspector had conducted remaining part of the
investigation and filed charge sheet. The learned
Sessions Judge on appreciating the entire material
placed on record has held that none of the prosecution
witnesses including the very parents of the deceased
Shrutika have supported the prosecution except the
police officials and police officers, whose evidence is not
sufficient to prove the alleged offence against the
accused. He has further observed that absolutely, there
is no cogent and clinching evidence so as to convict
accused for the charges levelled against them.
Therefore, he held that the prosecution has utterly
failed to bring home the guilt of the accused beyond all
reasonable doubts and accordingly the accused were
acquitted of the charges under Sections 498A and 306
R/w 149 of IPC.
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9. The learned counsel for the petitioner herein
submitted that the evidence produced in the said case is
inseparable from the evidence to be produced against
the petitioner. Since the other accused have been
acquitted on the basis of the said evidence, the
petitioner is also entitled for acquittal as the evidence is
inseparable. The learned counsel for the petitioner has
relied on the decision in the case of Central Bureau of
Investigation Vs. Akhilesh Singh, reported in AIR
2005 SC 268 in which the Hon’ble Apex Court has
observed that “Once main accused discharged, single
Judge of High Court justified in holding that no purpose
to be served in further proceeding with case against
respondent.” Accordingly, the proceedings were
quashed against the said accused under Section 482 of
Cr.PC.
10. The learned counsel for the petitioner has
relied on the decision in the case of Iranna
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Sidramappa Chimman V/s The State through Aland
Police Station in Criminal Petition No.200791/2018
dated 20.08.2018. this Court relied on the judgment of
the Hon’ble Apex Court referred Supra and also the
decision in the case of Muneer Ahmed Qureshi,
Muneer @ Gaun Muneer v. State of Karnataka by
Kumarswamy Layout Police (2002 (1) KCCR 1) and
held that “the Court has to apply its mind to ascertain
whether the allegations made against the accused
persons who are already acquitted and the present
petitioner are one and the same and the allegations are
inseparable and indivisible in nature. If the factual
aspects and the evidence has already been appreciated
by the trial Court and acquitted the other co-accused
persons and the said judgment has logically concluded,
in such an eventuality, the Court can extend the benefit
of acquittal even to the absconding accused persons,
against whom a split up charge-sheet has been filed.”
Similarly this Court in the case of Ramanna V/s The
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State through Manna-Ekhelli P.S. in Criminal Petition
No.200021/2015 by order dated 25.03.2015 relying on
the decision in the case of Akhilesh Singh stated supra,
observed in para No.18 as follows.
“The Trial Court has come to a definite
conclusion that the accused persons who have
faced the trial along with the absconding
accused have near committed any offence as
alleged by the prosecution and the prosecution
has failed to prove the guilt of the accused
persons. When such being the case, even in the
absence of the absconding accused, his
innocence has been examined by way of the
evidence led by the prosecution as found by the
learned Sessions Judge, in my opinion, there
should not be any further trial so far as this
petitioner is concerned. Otherwise, it would
amounts to abuse of process of the Court.”
11. In that case this Court held that the learned
Sessions Judge ought to have allowed the application
filed under Section 227 of Cr.PC and accordingly it was
allowed, the accused was discharged and all further
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proceedings were quashed. This Court has taken the
consistent view in other cases namely in the case of
Hassan @ Mohammed Hassan V/s The State of
Karnataka by Police Sub-Inspector in
W.P.No.55102/2017 decided on 14.12.2017 and in the
case of Iqbal V/s State of Karnataka By Women
Police Station, Mangaluru in Criminal Petition
No.4485/2017 decided on 14.11.2017 and further in
the case of Pradeep V/s The State of Karnataka by
PSI, Almel PS in Criminal Revision Petition
No.200005/2015 decided on 21.01.2015. In all these
case, this Court has consistently held that the
prosecution proposed to lead evidence of same
witnesses against the present petitioner have all turned
hostile to the prosecution, it can not be accepted that
the prosecution would get better evidence then one
already lead against other accused persons. Therefore,
the allegations made against the accused particularly
accused who have been already acquitted are
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inseparable compared to the allegations made against
the present petitioner. Further the charges framed by
the trial Court is also inclusive of the allegations made
against the petitioner. The trial Court if at all had tried
this petitioner along with other accused persons
definitely would have ended in acquittal along with
other accused persons. Hence such being the situation
its opined that the trial Court has committed a serious
error in not discharging the accused persons.
12. In the case of Sri Khalid V/s State of
Karnataka, reported in 2012 (3) KCCR 1713, this
Court has held that “Where one accused was acquitted,
subsequently in a separate trial on the same evidence,
co-accused cannot be convicted. No useful purpose
would be served if the case is proceeded against the co-
accused”. Therefore, the proceedings against the
accused is liable to be quashed under Section 482 of
Cr.PC in the interest of justice. Similarly in the case of
Velu @ Kaduvelu V/s State of Karnataka and others,
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reported in 2014 Cr.R. 770 (Kant.), this Court has held
that “when the allegations, evidence on record are in
separable in nature and other co-accused have already
acquitted, merely because this present petitioner has
absconded himself for the trial, at a particular stage of
recording his statement, cannot be a ground to reject the
prayer sought in this petition. When the evidence on
record and the judgment of the Trial Court clearly
discloses that the accused Nos.1 to 6 are actually entitled
for acquittal, because of the absence of A1, the Trial
Court was prevented from recording the judgment of
acquittal against A1, otherwise he would also been
acquitted by the Trial Court itself. There is no chance of
conviction of the present petitioner even if he is secured
and his statement is recorded. In the above said
circumstances, I do not find any strong reasons to reject
the prayer sought in this case”. This Court has again
relied on the decision in the case of Akhilesh Singh
stated supra and the proceedings against the petitioner
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in the said case were quashed. In view of the above
referred decisions, it is crystal clear that the evidence
produced by the prosecution in SC No.267/2015
against the accused No.2 to 6 is inseparable from the
evidence to be produced against the present petitioner
who did not face trial in the said case. The evidence
recorded in the said case and the evidence to be
recorded against the petitioner in case, he face the trial
would not be sufficient to record conviction against the
petitioner. Therefore in all probability, the petitioner-
accused would be acquitted in the case even after
recording the same evidence. Therefore, it is clear that
the factual aspects and the evidence had already been
appreciated by the trial Court and has acquitted
co-accused persons and the judgment has logically
concluded in a such eventuality, this Court can extend
the benefit of acquittal even to the petitioner who was
absconding during the trial in S.C.No.267/2015. It is
not the case of the prosecution that the judgment in SC
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No.267/2015 has not reached logical conclusion. It is
not the case of the prosecution that the state or the
complaint have preferred any appeal against the
judgment of acquittal passed in SC No.267/2015.
Under these circumstances, I am of the considered
opinion that the entire proceedings pending against the
petitioner in SC No.168/2018 on the file of V Addl.
Sessions Judge, Kalaburagi are liable to be quashed.
Accordingly, I proceed to pass the following…
ORDER
The petition filed under Section 482 of
Cr.P.C. is hereby allowed.
The entire proceedings pending against the
petitioner in S.C.No.168/2018 on the file of V
Addl. Sessions Judge, Kalaburagi in Crime
No.136/2010 of Women Police Station for the
offences punishable under Sections 498A, 306
R/w 149 of IPC are hereby quashed.
Sd/-
JUDGE
SMP