- 1 - NC: 2025:KHC:10854 CRL.P No. 336 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 336 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. MAHAMMED MANSOOR @ MANSOOR ADYAPADY @ MUKTHAR AGED ABOUT 42 YEARS, SON OF ABDUL KHADER, RESIDING AT SAPNAZ MANZIL, ADYAPADY SITE, ADYAPADY VILLAGE, MANGALURU TALUK - 574 142. …PETITIONER (BY SRI. RAKESH KINI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MOODABIDRE PS, MOODABIDRE TALUK, D.K. DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SHRINATH SUVARNA S/O NAGANNA POOJARY, AGED ABOUT 43 YEARS, RESIDING AT S.S. SADANA, MOODUMARNADU GRAMA, MANGALURU TALUK - 574 213. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10854 CRL.P No. 336 of 2023 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO A. QUASH THE CHARGE SHEET FILED ON 07.06.2018 AS AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 506, 307, 201, 149 OF IPC (DOCUMENTS NO.1). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.2 in the charge sheet filed by Moodabidire Police in their Police Station Crime No.99/2018, for offences punishable under Section 506, 307, 201 read with 149 of IPC, has preferred this petition praying to quash the entire proceedings pending against him in SC.No.27/2022 on the file of Court of Principal District and Sessions Judge, Mangaluru. 2. Crime No.99/2018 of Moodabidire Police Station, Mangaluru City came to be registered against four unknown persons for offences punishable under Section 506, 307 read with 34 of IPC, on a complaint lodged by one Shrinath Suvarna S/o. Late Naganna Poojary. - 3 - NC: 2025:KHC:10854 CRL.P No. 336 of 2023 3. It is the case of prosecution that on 14.03.2018 at about 5.15 a.m., accused Nos.1 to 5 with a common object committed theft of two cows from the cattle shed of one Sri.Rajesh S. Poojary (CW4), a resident of Moodumarnadu Village and when CW1 and CW2, coming to know about the said theft, chased the car in which the accused were travelling and prevented them from escaping, the accused allegedly threw the jack lever at their car and then got down from the car and tried to assault them with a talwar etc. 4. Charge sheet was filed against accused Nos.1 to 5. The material on record reveals that the petitioner was initially enlarged on bail, however he failed to appear before the trial Court and therefore, the case against him was split up and registered as SC.No.27/2022. 5. It is not in dispute that the trial against accused Nos.1, 3 to 5 has been ended in acquittal in Sessions Case No.148/2018 vide judgment dated 31.03.2022 passed by the Court of Principal District and Sessions Judge, D.K, - 4 - NC: 2025:KHC:10854 CRL.P No. 336 of 2023 Mangaluru. The learned Sessions Judge while acquitting the said accused, noticed several discrepancies and contradictions in the evidence of PW1 to PW6. It is observed that the same created a reasonable doubt regarding trustworthiness of their testimony. The judgment of acquittal was passed by a reasoned order. The same has become final as there is no appeal preferred. 6. The evidence against the present accused and the other accused who are acquitted by the trial Court is one and the same. No separate view can be taken in this case as against the petitioner herein, arraigned as accused No.2, since it is the case of prosecution that all the accused with a common object committed the offence. In view of the acquittal of the co-accused namely accused Nos.1, 3 to 5, no purpose will be served in keeping the proceedings against the petitioner pending before the trial Court. This Court is of the view that continuation of - 5 - NC: 2025:KHC:10854 CRL.P No. 336 of 2023 proceedings against the petitioner is a futile exercise. The petition deserves to be allowed and Hence, the following: ORDER i. Petition is allowed. ii. The entire proceedings against the petitioner/accused No.2 in S.C.No.27/2022 on the file of Court of Principal District and Sessions Judge, D.K, Mangaluru are quashed. iii. In view of dismissal of the petition, I.A.Nos.1/2023 and 2/2024 stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 12 CT: BHK