- 1 - NC: 2025:KHC:17526 CRL.P No. 4703 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4703 OF 2025 BETWEEN: ABDUL KHADAR @ KANYANA KHADAR, AGED ABOUT 35 YEARS, S/O LATE MOIDIN KUNHI, PERMANENT R/OF SHETTYBETTU HOUSE, KANYANA VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DIST - 574 143. PRESENTLY WORKING AT VILLA NO. 222, MOHAMMAD BIN ZAYED CITY, ZONE-13, ABU DHABI, UNITED ARAB EMIRATES. …PETITIONER (BY SRI. KUSHALAPPA B.M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH VITLA POLICE, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MR. SATHEESH RAI, SON OF LATE SOMAPPA RAI, AGED ABOUT 39 YEARS, R/AT PILINGULI HOUSE, KANYANA VILLAGE AND POST, BANTWAL TALUK, D.K. - 574 279. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:17526 CRL.P No. 4703 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.23/2018 REGISTERED IN CR.NO.133/2014 (SPLIT UP CHARGE SHEET CASE - ARISING OUT OF MAIN CASE IN C.C.NO.620/2016) PENDING ON THE FILE OF THE COURT OF THE ADDL. CIVIL JUDGE AND JMFC, BANTWAL, DAKSHINA KANNADA, BEING TRIED FOR THE ALLEGED OFFENCES P/U/S 143, 147, 148, 341, 326, 307 R/W 149 OF IPC, REGISTERED AND CONTINUED SO AS IT PERTAINS TO AND AS AGAINST THE PETITIONER / ACCUSED NO.5. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioner seeks quashing of the proceedings in C.C.No.23/2018 arising out of Crime No.133/2014 (split up charge sheet case arising out of the main case C.C.No.620/2016) pending on the file of Additional Civil Judge and JMFC, Bantwal, Dakshina Kannada. - 3 - NC: 2025:KHC:17526 CRL.P No. 4703 of 2025 2. Heard Sri.Kushalappa B.M, learned counsel appearing for the petitioner and Sri.Rajat Subramanyam, Learned High Court Government Pleader for respondent No.1. 3. Perusal of the material on record would indicate that the petitioner Abdul Khadar @ Kanyana Khadar was arraigned as accused No.5 along with nine others who were arraigned as accused Nos.1 to 4, 6, 7, 9 and 10 in the charge sheet in C.C.No.620/2016 arising out of Crime No.133/2014. The offences alleged against the petitioner and the other accused are under Sections 143, 147, 148, 341, 326, 307 and 506 r/w Section 149 of I PC. 4. In this context, learned counsel for the petitioner invited my attention to the common judgment dated 30.03.2021 passed in S.C.Nos.58/2018, 247/2018, 200/2019, 21/2020 and 54/2020 as against accused Nos.1 to 4, 7, 9 and 10 in order to point out that in view of the acquittal of the aforesaid accused, the petitioner who is accused No.6 prior to the same being split up, would be entitled to seek parity as held by this Court in the case of - 4 - NC: 2025:KHC:17526 CRL.P No. 4703 of 2025 Mohan Vs. State of Karnataka and Another - Crl.P.No.5376/2024 dated 19.09.2024 to state that in relation to accused No.5 in the aforesaid C.C.No.620/2016, in respect of whom the charge sheet was split up and C.C.No.272/2020 was pending, this Court quashed the proceedings on the ground of parity in Criminal Petition No.12505/2023 dated 12.02.2025 is hereunder; "ORDER (i) Petition is hereby allowed. (ii) The proceedings in C.C.No.272/2020 (Main case in C.C.No.620/2016) arising out of F.I.R in Crime No.133/2014 registered by the 1st respondent - Police, pending on the file of Additional Civil Judge and JMFC, Bantwal, D.K, for the offences punishable under Sections 143, 147, 148, 341, 326, 307 and 506 r/w Section 149 of IPC insofar as the petitioner is concerned are hereby quashed." 5. In the instant case, it is an undisputed fact that accused Nos.1 to 4, 7, 9 and 10 have already been acquitted by the Trial Court and proceedings against - 5 - NC: 2025:KHC:17526 CRL.P No. 4703 of 2025 accused No.6 was quashed by this Court and consequently, applying the doctrine of parity, the proceedings against the present petitioner - accused No.5 also deserves to be quashed. 6. In the result, I pass the following; ORDER (i) The petition is hereby allowed. (ii) The proceedings in C.C.No.23/2018 arising out of Crime No.133/2014 (split up charge sheet case arising out of the main case C.C.No.620/2016) pending on the file of Additional Civil Judge and JMFC, Bantwal, Dakshina Kannada for the offences punishable under Sections 143, 147, 148, 341, 326, 307 and 506 r/w Section 149 of IPC insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE GH List No.: 1 Sl No.: 46 CT: BHK