- 1 - NC: 2025:KHC:14589 CRL.P No. 11043 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11043 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. ABDUL HAFEEZ S/O MASOOD AGED ABOUT 24 YEARS, R/AT: NO.2-T-125/9, MAHILA GUDDE, PANJIMOGARU MANGALORE, D.K.DISTRICT-575 013. 2. MOHAMMAD FAYAZ S/O ADAM BAVA AGED ABOUT 33 YEARS, R/AT: NO.4-T-95/60, BADRIYA COTTAGE, MASJID ROAD, MARAKADA VILLAGE, NEAR BADRIYA JUMMA MASJID, MANGALORE, KAVUR, D.K.DISTRICT-575 015. 3. KALANDAR BASHA S/O IBRAHIM, AGED ABOUT 40 YEARS, R/AT: #2-43, KALANDAR BASH MANZIL, SHANTHINAGAR, KAVOOR, MANGALORE, KAVUR, D.K.DISTRICT-575 015. 4. NASEERUDIN S/O K.MOHAMMED, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14589 CRL.P No. 11043 of 2023 AGED ABOUT 43 YEARS, R/AT: 1-113, DEVINAGAR, KUNJALHBAIL KAVOOR, MANGALORE, D.K.DISTRICT-575 015. 5. MOHAMMED KHALANDAR NAWAZ S/O IBRAHIM BAJA HAJI, AGED ABOUT 31 YEARS, R/AT: NO.2-172/8(1), DILSHAD MALA, SHANTHINAGARA KAVOOR, MANGALORE, D.K.DISTRICT-575 015. 6. ABDUL ISHAM S/O B. FATHIMA, AGED ABOUT 30 YEARS, R/AT: NO.6-22/9, NEW ARABI HOUSE, PINTO VALLEY ROAD, BEHIND KIOCL QUARTERS, KAVOOR, MANGALORE, D.K.DISTRICT-575 015. 7. ABDUL HAFEEZ S/O HAMZA HUSSAIN, AGED ABOUT 27 YEARS, R/AT: NO.8-14-1210, HAFEEZ MANZIL, KUDROLI, VTC MANGALORE, PO KODIYABAIL, D.K.DISTRICT-575 003. 8. SAIFULLA @ NAUFULLA C/O ISMAIL, AGED ABOUT 27 YEARS, R/AT: #2-117/20(1), M M COMPOUND, SHANTHINAGAR, KAVUR, - 3 - NC: 2025:KHC:14589 CRL.P No. 11043 of 2023 VTC MANGALORE, D.K.DISTRICT-574 221 …PETITIONERS (BY SRI. LETHIF B., ADVOCATE) 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. BEERENDRA CPC NO.2378, AGED ABOUT 27 YEARS, R/AT: MANGALORE EAST P S, KADRI, MANGALORE CITY, D.K.DISTRICT-575 001. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1 & R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.988/2020 FOR THE OFFENCE PUNISHABLE UNDER SECTION 143, 147, 148, 504, 506, 353, 332, 120-B, 109 R/W 149 OF IPC OF MANGALORE NORTH POLICE STATION PENDING ON THE FILE OF THE 2ND JMFC COURT, MANGALURU, WHICH IS PRODUCED AT ANNEXURE-A IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:14589 CRL.P No. 11043 of 2023 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners viz., accused Nos.9 to 12, 22, 29, 60 and 72 in CC No.988/2020 on the file of JMFC (II Court), Mangaluru, D.K., are before this Court seeking to quash the entire proceedings initiated against them. 2. Heard both sides and perused the material on record. 3. Crime No.135/2019, came to be registered at Mangaluru North Police Station for offences punishable under Section 148, 149, 143, 147, 324, 188, 353, 332, 323 of IPC and Section 2(a), 2(b) of the Prevention of Destruction and Loss of Property Act, 1981, on a complaint lodged by the Police Constable, East Police Station, Kadri, Mangaluru, against 300 to 400 unknown persons. 4. It is alleged that inspite of imposition of restriction under Section 144 of Cr.P.C., all the accused formed an unlawful assembly and assembled near the - 5 - NC: 2025:KHC:14589 CRL.P No. 11043 of 2023 junction of Nellikayi road and Mission Street road, armed with stones, soda bottles etc., protesting against imposition of CAA and pelted stones at the police and caused injuries to the complainant etc., 5. Charge sheet came to be filed against 87 accused for offences punishable under Section 143, 147, 148, 504, 506, 353, 332, 120-B, 109 read with Section 149 of IPC. Petitioners are arraigned as accused Nos.79 to 86 respectively. 6. It is alleged that there were 300-400 persons present in the mob and they pelted stones and soda bottles at the police. The complainant, a Police Constable is alleged to have sustained certain simple injury on account of stones pelted by some of the accused in the mob, which hit his left heel. 7. Admittedly, the FIR was registered against 300 to 400 unknown persons. Petitioners are strangers to the - 6 - NC: 2025:KHC:14589 CRL.P No. 11043 of 2023 complainant. There is no description of the accused persons given in the complaint. 8. Learned counsel for petitioners has submitted that Crl.P.No.3625/2024 preferred by accused Nos.2 to 8, 19 and 87 and Crl.P.No.9478/2022 preferred by 79 to 86, who are similarly placed as the present accused, are allowed by this Court and the proceedings against them are quashed. 9. This Court while disposing of the above two petitions has taken into consideration the facts and circumstances of the case and found that no sufficient materials are forthcoming to arraign the petitioners as accused. The materials against the petitioners herein are not distinct from the materials against those accused against whom the proceedings are quashed. Hence, the following: ORDER i. Petition is allowed. - 7 - NC: 2025:KHC:14589 CRL.P No. 11043 of 2023 ii. The proceedings in CC No.988/2020 pending on the file of JMFC (II Court), Mangaluru, D.K., as against the petitioners are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 32 Ct:ar