- 1 - NC: 2025:KHC:12828 CRL.P No. 2846 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2846 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. IBRAHIM @ MOHAMMED IBRAHIM KHALEEL S/O B AHMED AGED ABOUT 45 YEARS R/AT DOOR NO.2-431 SUNKASALAE HOUSE MARAVOOR ROAD BAJPE VILLAGE MANGALORE TALUK D K DISTRICT 574142 …PETITIONER (BY SRI. IMITIAZ B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BAJPE POLICE STATION REP BY SPP HIGH COURT BUILDING BENGALURU-01. 2. RAJESH KUAMR S/O P RAGHUNATH AGED ABOUT 52 YEARS R/AT VII CROSS ROAD BIJAI, MANGALORE 575002. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; NOTICE TO R2-D/W) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12828 CRL.P No. 2846 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE CRL.P QUASHING THE ENTIRE PROCEEDINGS IN LPC.NO.8/2014 ARISING OUT OF CR.NO.121/2006 REGISTERED BY BAJPE P.S., FOR THE OFFENCE P/U/S 143,147,148,341,324,506,307 R/W 149 OF IPC, U/S 2(1)(a) KPDLP ACT, PENDING ON THE FILE OF HONBLE COURT II JMFC, AT MANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused No.2, who has been charge- sheeted for the offences punishable under Sections 143, 147, 148, 341, 324, 506, 307 read with Section 149 of IPC and Sections 2(1)(a) Karnataka Prevention of Destruction and Loss of Property Act, 1981 is before this Court seeking relief. 2. The prosecution alleges that on 1.10.2006 when the complainant was proceeding along with his friends to Kateel from Mangalore in his Maruthi Zen car, a mob consisting of 100 - 150 persons armed with deadly weapons had wrongly restrained them and assaulted the complainant. 3. The petitioner was absconding and therefore, the charge sheet was split up and trial was conducted against other accused. Before the Trial Court the injured - 3 - NC: 2025:KHC:12828 CRL.P No. 2846 of 2025 witness did not identify accused, who had allegedly assaulted him, and also turned hostile, and the Trial Court after appreciating the evidence tendered by the prosecution passed the judgment and acquitted the other accused of the offences alleged. 4. It is a well-settled principle that any confession made by an accused while in police custody is inadmissible under Section 25 of the Indian Evidence Act, 1872 unless corroborated by material evidence substantiating the allegations made against the accused. Furthermore, an accused cannot be subjected to trial solely based on a confession statement of co- accused. 5. It is also settled law that the judgment of acquittal of the co-accused would not be admissible within the meaning of Section 40 to 44 of the Indian Evidence Act and as such the benefit of acquittal cannot be extended to the co-accused. But the said proposition of law is applicable when the material witnesses have not been examined. 6. The Trial Court acquitted accused No.3 to 5 on the ground that the prosecution did not establish that the said accused attempted to commit robbery. It would be a futile exercise if the petitioner is subjected to trial since the - 4 - NC: 2025:KHC:12828 CRL.P No. 2846 of 2025 probability of his conviction is remote and bleak. So as to prevent the abuse of the process of law and to maintain parity, it would be appropriate to quash the impugned proceedings. Therefore, the continuation of the criminal proceedings will be an abuse of process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in LPC No.08/2014 arising out of Crime No.121/2006 registered by the Bajpe Police Station, pending on the file of the Court of II JMFC a Mangalore insofar as it relates to the petitioner/accused No.2, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 3