- 1 - NC: 2025:KHC:12976 CRL.P No. 6569 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.6569/2023 (482(Cr.PC) / 528(BNSS)-) BETWEEN: ABDUL JALEEL S/O MOHAMMED AGED ABOUT 30 YEARS R/AT NEAR PALAHA SCHOOL PILIKURU, TALAPPADI VILLAGE AND POST MANGALURU - 575 023. …PETITIONER (BY SRI. SACHIN K. NAIK, ADV., FOR SRI. S. RAJASHEKAR, ADV.,) AND: 1. STATE OF KARNATAKA BY ULLAL POLICE STATION MANGALURU, D.K. DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. T.K. ABDUL RAHIMAN S/O LATE T.K. MOOSA KUNHI AGED ABOUT 53 YEARS R/AT KOLANGERE, PILIKURU TALAPPADI VILLAGE MANGALURU TALUK- 575 023. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12976 CRL.P No. 6569 of 2023 (BY SMT. RASHMI PATEL, HCGP FOR R1 NOTICE ISSUED TO R2 IS D/W V/O/DTD:14.09.2023) THIS CRL.P IS FILED U/S 482 CR.P.C. PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST HIM IS SPLIT UP CASE IN C.C.NO.1487/2015 ON THE FILE OF THE JMFC (III) COURT AT MANGALURU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 323, 324, 354, 504, 506 R/W 149 IPC PURSUANT TO REGISTRATION OF THE FIR IN CRIME NO.126/2012 BY ULLAL POLICE STATION WHICH IS ORDERED DATED 28.12.2022 TO BE REGISTERED AS LONG PENDING CASE IN REGISTER NO.XIII BY ALLOWING THIS PETITION AND GRANT SUCH OTHER AND FURTHER RELIEF’S AS THIS HON’BLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the proceedings in split-up CC No.1487/2015 pending on the file of JMFC-III Court, Mangalore, registered by Ullal Police Station, Dakshina Kannada, for offence punishable under Section 143, 147, 148, 341, 504, 323, 324, 506 r/w 149 IPC. 2. Cr.No.126/2012 was registered at Ullal Police Station, Dakshina Kannada, against eight accused for the - 3 - NC: 2025:KHC:12976 CRL.P No. 6569 of 2023 aforementioned offences, on a complaint lodged by T.K.Abdul Rahiman. 3. It is the case of prosecution that on 5.6.2012 at about 6.30 p.m., at Talapady village, near Pilikoor bus stop, all the accused formed an unlawful assembly and wrongfully restrained the complainant, abused in filthy language and assaulted him as well as his wife-CW2 with hands, wooden club and also outraged her modesty and threatened her with dire consequences etc. 4. After the charge sheet was filed, accused No.2, 4 and 6 failed to appear before the trial Court. Hence, case against them was split up. Trial proceeded against accused Nos.1, 3, 5, 7 and 8 in CC No.1291/2013 on the file of JMFC-III Court at Mangalore. 5. It is not in dispute that, trial conducted against the above named accused has been concluded, whereby the learned Magistrate vide judgment dated 14.6.2018 has acquitted them of all the charged offences. - 4 - NC: 2025:KHC:12976 CRL.P No. 6569 of 2023 6. Petitioner is arraigned as accused No.6 in the charge sheet. In the split-up case, he is arraigned as accused No.3. The learned Magistrate while acquitting accused Nos.1, 3, 5, 7 and 8 has taken into consideration that the independent witnesses have not supported the prosecution case and there was a dispute regarding payment of maintenance to PW1-first wife. It is observed that in order to escape from his liability for payment of maintenance, PW1 registered a case against the family members of his first wife. 7. The judgment passed in CC No.1291/2013 has become final as there is no challenge to the said judgment either by the State or by the complainant. The allegations against all the accused are similar. The evidence the prosecution intends to rely against the present petitioner is one and the same. Trial already held against other accused has been ended in acquittal. Hence, no purpose will be served in continuing the - 5 - NC: 2025:KHC:12976 CRL.P No. 6569 of 2023 proceedings against the petitioner, which will be a futile exercise. Hence, the following: ORDER i. Petition is allowed. ii. The proceedings against the petitioner/accused No.3 in split-up case in CC No.1487/2015 pending on the file of JMFC-III Court, Mangalore, arising out of Cr.No.126/2012 of Ullal Police Station, Dakshina Kannada, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 29