- 1 - NC: 2025:KHC:12523 CRL.P No. 9538 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9538 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. ATAVULLA JOKATTE S/O. ABDUL RAHIMAN, AGED ABOUT 45 YEARS, R/AT NO. 3/191/2, ZAHARABAD HOUSE, M.P. ROAD, JOKATTE, 62, THOKUR VILLAGE, MANGALORE, D.K. DISTRICT-575 030. 2. AFGAN ABDUL REHAMAN S/O. ABDUL REHAMAN, AGED ABOUT 34 YEARS, R/AT S. A. MANZIL, SUNKADAKATTE, KADABA TALUK, D.K. DISTRICT-574 221. 3. NAVAZ ULLAL S/O. LATE ISMAIL, AGED ABOUT 44 YEARS, R/AT MASTER COMPOUND, MASTIKATTE ULLAL, MANGALORE, D.K. DISTRICT-575 017. 4. ABDUL JALEEL. K @ JALEEL KRISHNAPURA S/O. LATE CHEYYABBA, AGED ABOUT 41 YEARS, R/AT HOUSE NO. 1/13/1, ASHRAF COTTAGE, YUSUF NAGAR, KANNUR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12523 CRL.P No. 9538 of 2022 MANGALORE, D.K. DISTRICT-575 007, NOW RESIDING AT: FLAT NO. 201, KAMALDEEPA APARTMENT, OLD KENT ROAD, PANDESHWARA, MANGALORE, D. K. DISTRICT-575 001. 5. MOHAMMAD SHARIF @ SHARIF PANDESHWARA S/O. HAMEED MOIDEEN, AGED ABOUT 39 YEARS, R/AT HOUSE NO. 19-5-321/1, H.M.S. COMPOUND, NEAR RAILWAY TRACK, PANDESHWARA, MANGALORE, D.K. DISTRICT-575 001. 6. MUZAIR AHMED @ MUZAIR KUDROLI S/O. LATE HAMZA, R/AT HOUSE NO. 8-4-1210, C.P.C. COMPOUND, KUDROLI, MANGALORE, D.K. DISTRICT-575 003. 7. ABDUL MAJEED @ MAJEED JOKETTE S/O. MOOSABBA, R/AT NEAR KBS, 62, THOKUR VILLAGE, MANGALORE, D.K. DISTRICT-575 030. 8. NOWFAL KUDROLI S/O. HAMZA, R/AT HOUSE NO. 8-4-1210, C.P.C. COMPUND, KUDROLI, MANGALORE, D.K. DISTRICT-575 003. …PETITIONERS (BY SRI. LETHIF B.,ADVOCATE) - 3 - NC: 2025:KHC:12523 CRL.P No. 9538 of 2022 AND: 1. THE STATE OF KARNATAKA BY MANGALORE NORTH P.S., D.K. DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. 2. SRI. BALAKRISHNA ASSISTANT SUB INSPECTOR OF POLICE, MANGALORE SOUTH POLICE STATION, PANDESHWARA, MANGALORE, D.K. DISTRICT-575 001. …RESPONDENTS (BY SRI. RASHMI PATEL., HCGP FOR R1; R2 IS SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.947/2020 IN CR.NO.243/2019 FOR THE OFFENCE P/U/S.120- B,109,143,147,148,152,353,332,307 R/W SEC.149 OF IPC OF MANGALURU SOUTH POLICE STATION ON THE FILE OF THE JMFC II COURT, MANGALURU WHICH IS PRODUCED AT ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSON, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the entire proceedings pending against them in C.C.No.947/2020 on the file of the JMFC, II Court, Mangaluru. 2. Heard both sides and perused the material on record. - 4 - NC: 2025:KHC:12523 CRL.P No. 9538 of 2022 3. FIR in Crime No.243/2019 of Mangaluru South Police Station was registered on a complaint lodged by the Assistant Sub Inspector of Police, South Police Station, Pandeshwara, Mangaluru against 50 to 100 unknown persons for offences punishable under Section 143, 147, 148, 324, 353, 332, 307, 188, 506 read with Section 149 of IPC. 4. The Police have filed charge sheet against accused Nos.1 to 16 for offences punishable under Section 120-B, 109, 143, 147, 148, 152, 353, 332, 504, 307 read with Section 149 of IPC. Petitioners are arraigned as accused Nos.9 to 16 respectively. 5. The case of the prosecution is that accused were carrying on a protest against implementation of CAA-NRC without obtaining permission from the competent Authority and during the protest, inspite of imposition of restriction under Section 144 of Cr.P.C., they formed an unlawful assembly armed with stones, soda bottles etc. and obstructed the police from discharging their duties and also pelted stones and caused injuries to the complainant and another police constable. - 5 - NC: 2025:KHC:12523 CRL.P No. 9538 of 2022 6. The learned counsel for the petitioner has produced a copy of the order passed by the Co-ordinate Bench of this Court in Crl.P.No.12779/2023 disposed on 20.12.2023, in- respect of accused No.3 to 5, quashing the proceedings against them. 7. Admittedly, the complaint is lodged against 50 to 100 accused persons. The descriptions of the accused are not in the complaint. Petitioners are arraigned as accused Nos.9 to 16 on the ground that they are the conspirators. This Court while allowing the petition in respect of accused Nos.3 to 5 and quashing the proceedings against them, has taken into consideration the order passed by this Court in Crl.P.No.3916/2018. It is relevant to extract paragraph Nos.4 to 6 of the order passed in the above Crl.P.No.12779/2023. 4. In the present case, though the assembly was unlawful, however, the charge sheet material does not establish that the Petitioners had a common object and were actuated by that common object and that object is one of those set out in Section 141 of IPC. 5. Section 307 is invoked alleging that the petitioner threw the soda bottles on the police - 6 - NC: 2025:KHC:12523 CRL.P No. 9538 of 2022 personnel at the time of the protest. However, the said allegation is not substantiated by any materials produced along with the charge-sheet to establish that the petitioners intentionally to commit murder threw the soda bottle at police personnel. 6. Therefore, in the absence of essential elements to constitute the commission of offences alleged against the petitioners herein, the continuation of the criminal proceedings will be an abuse of process of law. 8. There are no materials worth accepting to substantiate the allegations against the petitioners. In the facts and circumstances, the criminal proceedings initiated against the petitioners is liable to be quashed and accordingly, the following:- ORDER i) Petition is allowed. ii) Entire proceedings against the petitioners / accused Nos.9 to 16 arising out of Crime No.243/2019 of Mangaluru South Police Station, registered as C.C.No.947/2020 on the file of the JMFC II Court, Mangaluru (S.C.No.153/2023 pending on - 7 - NC: 2025:KHC:12523 CRL.P No. 9538 of 2022 the file of the IV Additional District and Sessions Judge, Mangaluru) is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 20