Karnataka High Court Quashes Murder Case Against Man On Ground Of Parity With Co-Accused Acquitted Last Year
The Karnataka High Court quashed criminal proceedings lodged against a man accused in a rioting and murder case, after noting that his co-accused had been acquitted by the trial court as the prosecution had failed to prove the case beyond reasonable doubt.
The court was hearing a plea wherein the petitioner–accused No.14, challenging the continuance of criminal case proceedings against him for offences including IPC Sections 147(rioting), 302(murder), 120B(criminal conspiracy), read with Section 149 (unlawful assembly) and Section 3(2) of the Prevention of Damage to Public Property Act. He sought quashing of the proceedings arguing that his co-accused by acquitted by the sessions court in 2025 and he is entitled to the same relief on the principle of parity.
Justice M Nagaprasanna referred to the sessions court order which had acquitted the co-accused holding that except police officers and doctor who conducted autopsy, all independent witnesses have not supported the case of prosecution.
The sessions court had held that the prosecution had failed to prove criminal conspiracy, presence and participation of accused in the crime and recovery of incriminating materials at the instance of accused.
Referring to the findings the high court said:
"The concerned Court holds that the independent witnesses have not supported the case of the prosecution and the prosecution has miserably failed in driving home the guilt beyond all reasonable doubt. Therefore, the order of acquittal is passed. In the light of the petitioner being accused No.14 and all other accused being acquitted on the score that none of the witnesses have supported the case of the prosecution and prosecution has miserably failed in driving home the guilt beyond all reasonable doubt, the petitioner also become entitled to the benefit of acquittal, as eventually, even if the petitioner is permitted to be tried in the subject S.C.No.1529/2021 would end up in acquittal".
The petitioner along with several accused were booked in an FIR alleging unlawful assembly, rioting, murder and criminal conspiracy. The petitioner was not available for trial at the time. The co-accused who were available were tried and acquitted by Sessions Court in its order dated 30.08.2025. A split charge is drawn against the petitioner, which has now resulted in his continuance of further proceedings. The petitioner moved the high court seeking parity in treatment with co-accused who have been acquitted.
The State contended that the petitioner, who has escaped trial, should not be shown any indulgence. It was argued that he should also come out clean in a full blown trial like the other accused.
The court said, "Though the accused who escaped trial should not be shown indulgence and a direction should be issued to participate in trial and to come out clean. It is to save precious judicial time, I deem it appropriate to accept the petition and obliterate the proceedings against accused No.14 - the present petitioner".
Quashing the proceedings, the court allowed the petition directing the release of the petitioner.
Case title: PRAVEEN D @ MADHU @ MADDY v/s THE STATE OF KARNATAKA and ANR.
CRIMINAL PETITION NO. 2970 OF 2026