When co-accused in the same criminal case have been acquitted based on identical evidence and charges, the proceedings against an absconding accused may be quashed in the interest of justice to avoid a futile trial and save judicial time.

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE PRESENT CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN S.C. NO. 1439/2011 (ARISING OUT OF CRIME NO. 211/2008), PENDING ON THE FILE OF THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-57), BENGALURU, IN SO FAR AS THE PETITIONER/ACCUSED NO.8 IS CONCERNED, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 364-A, 120-B, 506, 342, 324, 323, 384 READ WITH SECTION 149 OF THE INDIAN PENAL CODE.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

1. The petitioner - accused No. 8 is now before the Court calling in question continuance of S.C.No.1439/2011 for it having been split from S.C.No.406/2009.

2. Heard Sri. Anand K., learned counsel appearing for the petitioner, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1 and have perused the material on record.

3. The petitioner gets embroiled in a crime in Crime No.211/2008 along with several other accused, for offences punishable under Sections 341, 364-A, 120B, 506, 342, 324, 384 read with Section 149 of the IPC. At the relevant point in time, the petitioner was not available for trial. Therefore, the concerned Court tries the persons who are available and acquits all of them. Who would remain in the fray is the present petitioner, who is now facing a non-bailable warrant on the score that he has not attended the Court proceedings. The petitioner is alleged of the same offence that is alleged against all others. The concerned Court, in terms of its judgment rendered on 27.08.2011, acquits all those persons who were available for trial. The reason so rendered was that the prosecution has miserably failed to prove the guilt beyond all reasonable doubt. The reason so rendered reads as follows:

"9. POINT NO.1: To substantiate the case as against the prosecution has examined PWs-1 to 4, got marked Ex.P1 to 4. As per the prosecution the accused have kidnapped CWs1 and 2 on 11.05.2008 and on the same day at late night released CW-2 only. Again on 14.05.2008 the accused along with CW-1 came to the house of CW-3 and kidnapped them and detained in the rented house of accused No.12. As the CW-1 agreed to pay the amount through his mother CW-4, again the accused along with CW-1 and 3 came to the house of CW-4, threatened her and because of the fear of the accused, CW-4 withdrawn the amount of Rs.80,000/- from Corporation Bank and after receiving the said amount, the accused have released them. Among the witnesses examined, the evidence of PW-4 is most important, because according to prosecution he was kidnapped by the accused on 14.05.2008. According to prosecution, the accused have kidnapped PW-4 along with CW-1. CW-4 is the mother of CW-1. CW-4 also one of the victim of this case. PW-4 has stated that CW-1 is his elder brother. So, it is clear that CW-1, CW-4 and PW-4 are belonging to the same family. As PW-4 has tendered his evidence, naturally it is well within the knowledge of CW-1 and CW-4, but they remained absent to give their evidence. Further, I am to observe that in spite of issuance of N.B.W. on several occasions the prosecution unable to secure them to examine on their behalf. PW-4 in his evidence stated that nobody has kidnapped him. Further, he has stated that he does not know who kidnapped his brother Vijay. He has also stated that he does not identify the vehicle also. He being the victim, turned hostile and not supported the prosecution case. According to prosecution, the I.O. has drawn the mahazar, where the accused were wrongfully confined. Said panchanama is marked as Ex.