- 1 - NC: 2025:KHC:12070 CRL.P No. 13045 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13045 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: ASHRAF K. AGNADY, ADVOCATE, S/O. LATE ABUBAKKAR K. A., AGED ABOUT 42 YEARS, R/AT ANGADY HOUSE, NO. 34, NEKKILADY VILLAGE, PUTTUR TALUK, D. K. DISTRICT – 574 325. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY UPPINAGADY POLICE STATION, REP BY SPP, HIGH COURT BUILDING, BANGALORE- 560 001. 2. MOHANDASS, S/O. ANNISHETTY, AGED ABOUT 42 YEARS,` R/AT KAJEKARU HOUSE, UPPINAGADY POST AND VILLAGE, PUTTUR TALUK, D. K. DISTRICT – 574 241. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. SUYOG HERELE E., ADVOCATE FOR R2) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.487/2023 ON THE FILE OF ADDITIONAL CIVIL JUDGE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12070 CRL.P No. 13045 of 2023 AND J.M.F.C., PUTTUR, D.K. DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 324, 326, 307, 120B, 201, 149 OF IPC OF UPPINANGADY POLICE STATION, WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER In this petition, preferred under Section 482 of Cr.P.C., petitioner is challenging the charge sheet filed against him, arraigning as accused No.15 and the proceedings pending in CC No.487/2023 on the file of the Court of Additional Civil Judge and JMFC, Puttur, Dakshina Kannada. 2. Complaint is lodged by one Mohandas S/o Anni Shetty alleging that on 6.12.2012 at about 7.00 p.m., when he was doing fish business along with his brother, about 25-30 persons came in 20 Motorcycles and in a car, armed with talwar and rod and assaulted him, his brother and one Mahesh and thereby attempted on their lives and escaped in their vehicles etc. - 3 - NC: 2025:KHC:12070 CRL.P No. 13045 of 2023 3. Based on the above complaint, Cr.No.152/2021 was registered at Uppinangadi Police Station, Puttur, for offences under Section 143, 147, 148, 324, 326, 307 r/w 149 IPC against unknown persons. 4. On completion of investigation, charge sheet was filed for the aforementioned offences including Section 120B and 201 of IPC, wherein the prosecution has alleged that accused Nos.1 to 10 have committed the offence at the instigation of accused Nos.12 to 15 etc. 5. It is the case of prosecution that the petitioner, arraigned as accused No.15 is one of the conspirators. However, to array as an accused in the case, the prosecution has not collected any material except the voluntary statement of the co-accused. It is relevant to see that accused No.1 was initially arrested on 14.12.2021 and in the initial remand application, the petitioner was not named as an accused. However, subsequently on 7.1.2022 his name finds place in the remand application as accused No.17, alleging he is one of the conspirator along with two others namely his juniors. However, their names have been deleted while filing the charge - 4 - NC: 2025:KHC:12070 CRL.P No. 13045 of 2023 sheet. The allegation of conspiracy imputed against the present petitioner is on the basis of the alleged confession statement of accused No.1 and except that there are no acceptable material forthcoming to show his complexity in the crime to implicate him as an accused in the charge sheet. 6. It is contended by the learned counsel for petitioner that after the arrest of accused No.1, the police sought for his custody and the learned Magistrate gave two days police custody imposing certain conditions and on 7.1.2022 when the said accused was produced before the Court, he complained ill-treatment by the police, consequent to which his medical examination was conducted and explanation was sought from the I.O. about the ill-treatment and show cause notice was also issued to him. It is his contention, this prompted the police to falsely implicate the petitioner, a practicing advocate, who appeared for the accused persons. 7. Having perused the material on record, this Court finds that the proceedings initiated against the petitioner/accused No.15 is an abuse of process of law and - 5 - NC: 2025:KHC:12070 CRL.P No. 13045 of 2023 does not stand any justification for his prosecution and to continue the proceedings. Accordingly, the following: ORDER i. Petition is allowed. ii. The entire proceedings as against the petitioner/accused No.15 in CC No.487/2023 on the file of the Court of Additional Civil Judge and JMFC, Puttur, Dakshina Kannada, is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 28