The acquittal of co-accused extends benefits to the petitioner, with the prosecution failing to establish guilt beyond reasonable doubt.

ORAL ORDER

In this petition, petitioner seeks the following relief:-

"Wherefore, it is prayed that, this Hon'ble court may be pleased to call for the records in S.C.No.1698/2018 pending on LII Addl. City Civil & Sessions Judge, Bangalore (CCH-53) and quash the proceedings initiated against the petitioner in S.C.No.1698/2018 pending on LII Addl. City Civil & Sessions Judge, Bangalore (CCH-53) for the offence punishable under sections 323, 324, 504, 506, 307 R/w 149 of IPC, in the interest of justice."

2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner was arraigned as accused No.1 in S.C.No.115/2014 for offences punishable under Section 323, 324, 504, 506, 307 and 149 IPC on the file of the LII Addl. City Civil & Sessions Judge (CCH-53), Bengaluru. The said case was split up insofar as petitioner is concerned and the same is pending in the instant S.C.No.1698/2018 before the Trial Court, in which the petitioner is arraigned as accused No.1. It is an undisputed fact borne out from the material on record that insofar as accused Nos.4 to 7 in the aforesaid S.C.No.115/2024 is concerned, the same ended in an order of acquittal dated 23.03.2019, which is as under:

"The Police Sub-Inspector of Peenya police station has presented this charge sheet against the accused persons for the offences punishable under Sections 323, 324, 504, 506, 307 r/w. Sec.149 of IPC.

2. The gist of the allegations levelled against the accused persons as per the charge sheet and other materials on record is as follows:

That on 10.04.2013 at about 1.30 a.m. (midnight) the accused persons with previous ill will against Accused no.7 intended to murder complainant came near the House No.138, 4th Cross, Bhumika Layout where CWs.1 to 3 and 7 were residing and enquired with CWs.1, 2 and 3 as to where is CW.7 to which CWs.1 to 3 answered they don’t know them. Accused nos.1 to 3 abused CWs.1 to 3 in filthy language and assaulted them with knife, rods and hockey stick and causing bleeding injuries and after attempted to kill them and put life threat. Hence, the present charge sheet has been filed against the accused persons for the above said offences.

3. At crime stage, accused have been produced before the Committal Court and have been remanded to judicial custody and thereafter they have been released on bail. On receipt of charge sheet, the committal court after compliance of the mandatory provisions under Section 207 of Cr.P.C. has committed the case to the Hon'ble Principal City Civil and Sessions Judge, Bengaluru against the accused. Thereafter, the matter has been assigned to this court.

4. On receipt of the committal records, summons were issued to the accused. Accordingly, accused appeared before this court. Thereafter, charge has been framed against the accused for the offences punishable under Sections 323, 324, 504, 506, 307 r/w. Sec.149 of IPC for which they have pleaded not guilty and claimed to be tried. The prosecution, in order to prove the guilt of the accused, has got examined in all 3 witnesses as PWs.1 to 3 and got marked 13 documents as Ex.P.1 to 13 and also got marked 4 material objects as Mos.1 to 4. Subsequently, the statement of accused under Section 313 of Cr.P.C. was framed, read over, explained and recorded. However, they have disputed the version of the prosecution witnesses, but have not chosen to adduce any evidence in their defence.

5. Heard both side counsels, perused the materials on record.

6. The points that arise for my consideration are:

(1) Whether the prosecution proves that on 10.04.2013 at about 1.30 a.m. (midnight) the present accused nos.4 to 7 along with split up accused with an intention to kill CW.7 went near the house of CWs.1 to 3 and enquired about CW.7 and on b