- 1 - NC: 2025:KHC:12790 CRL.P No. 11606 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. 11606 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: LIYAKATH, S/O. UMARABBA, AGED ABOUT 44 YEARS, R/AT DOMPA HOUSE, VALACHIL, ADYAR VILLAGE, MANGALURU - 575 007. …PETITIONER (BY SRI. RAJASHEKAR.S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANTWAL RURAL POLICE STATION, MANGALURU, D.K. DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. NOUSHAD, S/O. IBRAHIM, AGED 44 YEARS, R/AT DERMUNDE HOUSE, RAMALKATTE, THUMBE VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 143. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; R2 - SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12790 CRL.P No. 11606 of 2023 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST HIM IN SPLIT UP CASE IN CC.NO.1115/2005 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C BANTWAL, D.K FOR THE ALLEGED OFFENCE P/U/S 504, 324, 323 R/W 34 OF IPC PURSUANT TO REGISTRATION OF THE FIR IN CR.NO.63/2004 BY BANTWAL RURAL P.S., WHICH IS ORDERED DATED 06.03.2013 TO BE REGISTERED AS LONG PENDING CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in split up case in CC.No.1115/2005 is before this Court, praying to quash the entire proceedings registered against him for offences punishable under Section 504, 324, 323 read with 34 of IPC. 2. Incident relates back to the year 2004, wherein CW1-Noushad, set the law into motion alleging that on 30.04.2004 at about 8.30 p.m., accused Nos.1 to 3 with a common intention abused him in filthy language at - 3 - NC: 2025:KHC:12790 CRL.P No. 11606 of 2023 Parangipettai bus stop of Pudu Village, Bantwal Taluk, in respect of payment of money of screen printing and accused No.1 assaulted him with an iron road on his head and accused Nos.2 and 3 assaulted him with hands etc., 3. As the petitioner, arraigned as accused No.1 remained absent before the trial Court, case against him was split up, whereas, trial was held against accused Nos.2 and 3. 4. It is not in dispute that accused Nos.2 and 3 are acquitted by the trial Court in CC.No.970/2004 vide judgment dated 14.08.2008. 5. The prosecution examined 04 witnesses and got marked 05 documents and M.O.1. The learned Magistrate after appreciating the material on record, particularly, the evidence of PW1 and PW2 came to the conclusion that the prosecution case creates doubt. Therefore, extending the benefit of doubt, acquitted accused Nos.2 and 3. - 4 - NC: 2025:KHC:12790 CRL.P No. 11606 of 2023 6. The judgment of acquittal passed by the trial Court as against accused Nos.2 and 3 has become final. The petitioner/accused No.1 stand on the same footing as accused Nos.2 and 3, since the evidence against all the three accused are one and the same. Hence, continuation of proceedings against the petitioner will be a futile exercise as no purpose will be served. Accordingly, the following: ORDER i. Petition is allowed. ii. The proceedings pending against the petitioner in CC.No.1115/2005 on the file of Court of Additional Civil Judge (Jr.Dn) and JMFC, Bantwal, D.K, is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 5 CT: BHK