IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10414 OF 2025 BETWEEN:

YOGESHA S/O VENKATAIAH, AGED ABOUT 23 YEARS, R/AT SEGEKOTE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117.

…PETITIONER (BY SRI. NAGENDRA B., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY HAROHALLI POLICE, REP BY THE STATE PUBLIC PROSECUTOR, Digitally signed by HIGH COURT BUILDING, LAKSHMI T BENGALURU - 560 001.

Location:

High Court of Karnataka

2. MURULI T., PSI AGED ABOUT 42 YEARS, ADDRESS - PSI HAROHALLI POLICE STATION, HAROHALLI, KANAKAPURA TALUK, RAMANAGARA - 562 159.

…RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.5029/2024 (CR NO.9/2021) BY HAROHALLI P.S, ON THE FILE OF THE HON'BLE II ADDL.DISTRICT AND SESSIONS JUDGE AT KANAKAPURA, FOR THE OFFENCES P/U/S 399, 402 OF IPC AGAINST THE PRESENT PETITIONER.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Criminal proceedings pending against petitioner in S.C.No.5029/2024 on the file of the Court of II Additional District and Sessions Judge at Kanakapura is sought to be quashed in this petition.

2. The proceedings arise out of Crime No.9/2021 of Harohalli Police Station, Ramanagara, registered for the offence Punishable under Section 399 and 402 of IPC. 3. It is the case of prosecution that on 15.01.2021 while the complainant namely, the PSI of Harohalli Police Station was on a patrolling duty near Dr. Chandramma Dayananda Sagar Hospital, Bengaluru-Kanakapura main road, along with other police personal, he received a credible information that 6 unknown persons have assembled in a secluded area of pipeline road, Kanakapura-Bengaluru National Highway, armed with deadly weapons, preparing to commit dacoity. Having confirmed the said information, he secured the panchas and went to the spot and apprehended them and seized a motor cycle bearing registration No.KA-42-Q-1944, knives, clubs, chilly powder packets etc.

4. Petitioner is arraigned as accused No.4 in the charge sheet. As accused Nos.2, 3 and 4 were absconding, case against them was split up. Trial proceeded against accused Nos.1, 5 and 6 in S.C.No.5012/2021.

5. The learned Sessions Judge has acquitted accused No.1, 5 and 6, who faced the trial vide judgment dated 05.02.2025 holding that, prosecution has miserably failed to establish the charges leveled against them for the offence Punishable under Section 399 and 402 of IPC.

6. Paragraph Nos.25 to 29 of the judgment passed by the Sessions Court in S.C.No.5012/2021 are extracted here under:-

"25. At this scenario, on scrutinization of the material available on record and also evaluating the prosecution witness statements deposed before the Court during the course of trial, the PW1 and PW2 are only independent witness to the case of the prosecution theory case and they have totally turned hostile to the prosecution theory case and does not supported the prosecution theory case in any manner. By the evidence of the PW1 and PW2, the recovery of M.O. 1 to 6 and also motor cycle appearing in Ex.P6 are also under serious dispute and creates doubts in the mind of the Court in respect of the genunity of prosecution theory case. Further, on considering ocular evidence of the PW1 and PW2 the contents of Ex.P1 is also under serious dispute especially in respect of its enforceability and also presence of the accused No.1, 5 and 6 in the alleged scene of occurrence and also recovery of the articles in presence of PW1 and PW2. Further, the prosecution has not established prosecution theory case against accused No. 1, 5 and 6 as required under provisions of law and miserably fails to establish the fact to full fill the ingredients of section 399 and 402 of IPC.

26. Further, this Court is also taken note of the cross-examination of th