Criminal Petition No. 5955 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:21035 CRL.P No. 5955 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 5955 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR DENZIL FERNANDES AGED ABOUT 49 YEARS, S/O DENNIS FERNANDES, PERMANENT RESIDENCE, 3-110/5, FIRST SIGHT, BAJJODI, KULASEKHAR POST, MAROLI VILLAGE, MANGALORE TALUK, D.K DISTRICT - 575005 (BY SRI. GANAPATHI BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA
Legal Reasoning
BY THE KANKANADY POLICE STATION MANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU- 560001
Legal Reasoning
2. SMT. ASHALATHA, AGED ABOUT 44 YEARS, D/O K PADMANABHA, R/AT NEAR MARIKAMBA TEMPLE Digitally signed by REKHA R Location: High Court of Karnataka …PETITIONER - 2 - NC: 2025:KHC:21035 CRL.P No. 5955 of 2023 HC-KAR ADU MAROLI, MANGALORE-575005 (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.SRIDHARA.K, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CRIMINAL CASE IN C.C.NO.2835/2019 (SPLIT UP-FROM THE MAIN CASE IN C.C.NO.4378/2018 ARISING FROM CR.NO.48/2018 OF KANKANADY TOWN POLICE STATION) PENDING ON THE FILE OF THE HONBLE JMFC VII COURT, MANGALURU FOR THE OFFENCES P/U/S 341,354,323,324,504,506 R/W SEC.34 OF IPC AND ALL FURTHER PROCEEDINGS OF THE SAID CASE AS AGAINST THE ACCUSED/PETITIONER HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.2 has filed this petition under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings initiated against him in C.C.No.2835/2019 arising out of crime No.48/2018 of Kankanady Town PS for the offences punishable under Sections 341, 354, 323, 324, 504, 506 r/w Section 34 of IPC. - 3 - NC: 2025:KHC:21035 CRL.P No. 5955 of 2023 HC-KAR 2. For the sake of convenience, parties are referred to by their ranks before the trial Court. 3. Based on the complaint filed by complainant Asha Latha and after conducting detailed investigation, the concerned police filed charge sheet against accused Nos.1 to 3 in C.C.No.2518/2018 against accused Nos.1 to 3 and also a separate charge sheet against the child in conflict with law. 3.1 It is alleged that complainant has purchased a site at Muroli village, 1st Bajjodi and constructing a small house. A quarrel has taken place between complainant, accused No.2 Denzil Fernandes and the child in conflict with law with regard to construction of the house. There was dispute between accused No.1 Gladies Fernandes and CW-2 Lynette Molly Gonzalez. In this background on 20.03.2018, at 5.30 p.m after completion of construction work of house for the day, when she was proceeding on her scooter bearing registration No.KA–19–EF–6823, - 4 - NC: 2025:KHC:21035 CRL.P No. 5955 of 2023 HC-KAR near 1st Cross of Bajjodi, near Global Revenue Building, complainant came across CW-2 Lynette Gonzalez and both of them were speaking together. 3.2 Accused Nos.1 to 3 along with the child in conflict with law came there and accused No.2 wrongfully restrained the complainant from proceeding further. Accused No.1 abused the complainant in filthy language and with an intention to outrage her modesty tore the Chudidar, which she was wearing. He also assaulted the complainant with the club on her head, left shoulder resulting in simple injuries. Accused No.3 assaulted complainant with hands on her face and left hand. Similarly, the child in conflict with law also bit on the left palm of complainant. They also gave life threat to the complainant and thereby committed the offences punishable under Sections 341, 354, 323, 324, 504, 506 r/w 34 IPC. - 5 - NC: 2025:KHC:21035 CRL.P No. 5955 of 2023 HC-KAR 4. Based on the complaint filed by Smt. Asha Latha, and after conducting investigation, a charge sheet came to be filed against accused Nos.1 to 3 in C.C.No.4378/2018. During the trial since accused No.2 absconded, case against him came to be splitup and separate charge sheet is filed C.C.No.2835/2019. After trial accused Nos.1 and 3 came to be acquitted. The non- bailable warrants are issued against accused No.2 to secure his presence to face the trial. 5. Now, accused No.2 has come up with this petition to quash the criminal proceedings against him contending that in the main case i.e., C.C.No.4378/2018, accused Nos.1 and 3 are acquitted on the ground that both complainant and CW-2 who is stated to be an eye witness have turned hostile. Both of them have specifically deposed that no incidence as alleged in the complaint has taken place. When in main case, the similarly placed - 6 - NC: 2025:KHC:21035 CRL.P No. 5955 of 2023 HC-KAR accused are acquitted, no purpose would serve by proceeding against accused No.2. 6. On this aspect, in Vishwas Bhandari Vs. State of Punjab and Anr. (Vishwas Bhandari)1, the Hon'ble Supreme Court held that when evidence of the prosecutrix and complainant shows that there is no allegations whatsoever against the co-accused and on such evidence the main accused is already acquitted, continuation of proceedings against the co-accused would not yield any result. In the present case, the complainant and eye witness who are examined as PWs-1 and 2 have given a total go by to the prosecution case and denied that any such incidence has taken place. Therefore, continuation of the proceedings against accused No.2 would be an exercise in futile. Hence, they are liable to be quashed and accordingly, the following: 1 (2021) 2 SCC 605 - 7 - NC: 2025:KHC:21035 CRL.P No. 5955 of 2023 HC-KAR
Decision
ORDER (i) Petition filed by the accused No.2 under Section 482 Cr.P,C is hereby allowed. (ii) The proceedings in C.C.No.2835/2019 (splitup from the main case in C.C.No.4378/2018 arising from Cr.No.48/2018 of Kankanady Town PS) on the file of JMFC VII Court, Mangaluru fopr the offences punishable under Section 341, 354, 323, 324, 504, 506 r/w Section 34 IPC is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial court Through email. (iii) The Registry is directed to send a copy of this order to the trial Court through e-mail. RR/List No.: 1 Sl No.: 47 Sd/- (J.M.KHAZI) JUDGE