The acquittal of co-accused necessitates the quashing of charges against similarly situated accused, reinforcing the doctrine of parity in criminal proceedings.

ORDER :

1. In this petition, the petitioner seeks the following reliefs:

"c. Quash the entire proceedings in matter bearing C.C.No.59464/2018, Of K.R. Puram Police Station pending on the file of the Hon'ble XXIX Additional Chief judicial Magistrate at Bangalore city Mayohall as against the petitioner herein; wherein, the arraigned as accused No.4 for the alleged offences under section 399 & 402 of Indian Penal code.

d. Pass any such order/s as may be just and necessary in the best interest of justice."

2. Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with.

3. A perusal of the material on record will indicate that the petitioner along with 7 others, is arraigned as accused Nos.1 to 8 in the impugned proceedings in S.C.No.48/2019 instituted by respondent No.1 pursuant to the complaint given by respondent No.2 for offences punishable under Sections 399 and 402 of the IPC .

4. Accused Nos. 2 and 3 - Naveen Kumar and Kiran Kumar approached this Court in Crl.P.No.9107/2025, which was allowed and disposed of vide final order dated 25.07.2025 quashing the impugned proceedings qua the said petitioners - Naveen Kumar and Kiran Kumar, accused Nos.2 and 3, by holding as under:

"1. In this petition, petitioners seek the following reliefs:-

“a. Quash the entire proceedings in matter bearing C.C.No.59464/2018 of K.R. Puram Police Station pending on the file of the Hon'ble XXIX Additional Chief Judicial Magistrate at Bangalore City Mayohall as against the petitioners herein; wherein, the petitioners herein are arraigned as accused Nos.2 & 3 for the alleged offences under Sections 399 & 402 of Indian Penal code.

b. Pass any such order/s as may be just and necessary in the best interest of justice.”

2. Heard learned counsel for the petitioners and learned HCGP for the 1^st respondent and perused the material on record. For the order proposed, notice to 2^nd respondent is dispensed with.

3. A perusal of the material on record will indicate that the petitioners were arraigned as accused No.2 and accused No.3 respectively along with 6 others, who were arraigned as accused Nos.1 and 4 to 8 in S.C.No.48/2019 pursuant to FIR in Crime No.587/2014. The offences alleged against the petitioner and other accused are punishable under Sections 399 and 402 of IPC .

4. In this context, learned counsel for the petitioner invited my attention to the judgment dated 06.12.2019 passed by the Sessions court in S.C.No.48/2019 as against accused No.1, in order to point out that in view of the acquittal of the aforesaid accused, the petitioners who are accused Nos. 2 and 3 respectively prior to the same being split up and numbered as C.C.No.59464/2018 arising out of the very same Crime No.587/2014, would be entitled to seek parity as held by this Court in the case of Mohan Vs. State of Karnataka and Another, Crl. Pet. No. 5376/2024 dated 19.09.2024, in which it was held that acquittal of co- accused by the Sessions Court would enure to the benefit of the petitioners as under:

“The petitioner - accused No.6 is knocking at the doors of this Court in the subject petition calling in question a split charge sheet drawn against him in S.C.No.96/2022 registered for offences punishable under Sections 399 and 402 of the IPC .

2. Heard Sri. Lakshmikanth K., learned counsel appearing for the petitioner and Smt. Sowmya R., learned HCGP appearing for the respondents.

3. Facts in brief, germane, are as follows:

On the night of 14.02.2015, an alleged incident leads the petitioner along with others for registration of a crime for offences punishable under Sections 399 and 402 of the IPC in Crime No.306/2015. The petitioner is arrayed as accused No.6. The police after investigation file a charge sheet in the sa