- 1 - NC: 2025:KHC:9383 CRL.P No. 13319 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 13319 OF 2024 BETWEEN: 1. UMAR FAROOQ, SON OF MAHAMMAD, AGED ABOUT 35 YEARS R/OF BALLEKODI HOUSE, GOLTHAMAJALU VILLAGE, KALLADKA, BANTWALA TALUK, DAKSHINA KANNADA - 574 222. 2. THOUFIQ, SON OF HYDAR, AGED ABOUT 29 YEARS, R/O MADAKA HOUSE, GOLTHAMAJALU VILLAGE, KALLADKA, BANTWAL TALUK, DAKSHINA KANNADA - 574 222. 3. MAHAMMAD THOUSIF, SON OF MAHAMMAD, AGED ABOUT 35 YEARS R/AT HANUMA NAGAR HOUSE, BALTHILA VILLAGE, KALLADKA, BANTWAL TALUK, DAKSHINA KANNADA - 574 253. 4. MAHAMMAD ASHRAF @ M.C. ASHRAF, SON OF HYDAR, AGED ABOUT 29 YEARS, R/AT NEAR ANUGRAHA WOMEN'S COLLEGE, KALLADKA HOUSE, GOLTHAMAJALU VILLAGE, Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9383 CRL.P No. 13319 of 2024 BANTWAL TALUK, DAKSHINA KANNADA - 574 222. 5. MAHAMMAD ARIF, SON OF ABOOBAKKAR, AGED ABOUT 28 YEARS, R/AT ELEVEN STATE APARTMENTS, GOLTHAMAJALU VILLAGE, BANTWALA TALUK, DAKSHINA KANNADA - 574 222. 6. ABOOBAKKAR SIDDIQ @ SIDDIKUL AKBAR, SON OF SULAIMAN, AGED ABOUT 37 YEARS, R/AT NEAR KALLADKA FISH MARKET, BALTHILA VILLAGE, BANTWALA TALUK, DAKSHINA KANNADA - 574 253. 7. YUVARAJ, SON OF PADMANABA POOJARI, AGED ABOUT 34 YEARS, R/AT SRINIVAS NAIK'S HOUSE, BALTHILA VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA - 574 253. …PETITIONERS (BY SRI. KUSHALAPPA B.M, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANTWAL TOWN POLICE STATION D .K. - 574 219, REPRESENTED BY STATE PUBLIC PROSECUTOR / HCGP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. RAKSHITH A.K, POLICE OFFICER, - 3 - NC: 2025:KHC:9383 CRL.P No. 13319 of 2024 WORKING AS PSI (L AND O), BANTWAL TOWN POLICE STATION, D.K - 574 219. …RESPONDENTS (SRI. RAHUL RAI, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THIS CRL.P BY QUASHING THE ENTIRE PROCEEDINGS OF CRIMINAL CASE IN CC.NO.1187/2024 (REGISTERED BY TAKING COGNIZANCE IN CR.NO.152/2017), PENDING ON THE FILE OF THE COURT OF ADDL. CIVIL JUDGE AND JMFC, BANTWAL, D.K., FOR THE ALLEGED OFFENCES P/U/S 143, 147, 148, 504, 353, 332, 333, 427, 153, 307 R/W 149 OF IPC, SO AS IT PERTAINS TO THE EXTENT AND AGAINST THE ACCUSED NO.3, 6 TO 10 AND 12, PETITIONERS HEREIN RESPECTIVELY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners/accused Nos. 3, 6, 7, 8, 9, and 10, who have been chargesheeted for offences punishable under Sections 143, 147, 148, 504, 353, 332, 333, 427, 153A, and 307 read with Section 149 of the IPC, are before this Court seeking relief. 2. The prosecution alleges that on 13.06.2017, the petitioners/accused, along with other accused, formed an unlawful assembly, held deadly weapons with the intention of rioting, and began pelting stones at members of the Hindu and Muslim communities. At that time, the police intervened, and all the accused used abusive language toward the police personnel and threw stones, resulting in injuries to C.Ws. 1 and 2. - 4 - NC: 2025:KHC:9383 CRL.P No. 13319 of 2024 3. The learned counsel for the petitioner and the learned HCGP for the State were heard. 4. Initially, the FIR was registered for the offence punishable under Section 153A of the IPC; however, in the charge sheet, that offence was dropped. A perusal of the statement of charges reveals that all allegations against the petitioners/accused are omnibus and general, and there is no specific overt act attributed to each accused detailing how and in what manner they assaulted the police personnel by throwing stones. Aside from these omnibus and general allegations, no specific overt act is mentioned. Section 153 of the IPC states that whoever, malignantly or wantonly, by doing anything illegal, provokes any person, intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting is committed as a consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. In the present case, the allegation is that the petitioners/accused, belonging to the Hindu and Muslim communities, by holding deadly weapons, tried to disturb the public peace an act that would constitute an offence under Section 153A of the IPC rather than under Section 153 of the IPC. 5. Therefore, in the absence of any specific overt act attributable to each accused, continuing the criminal proceedings solely on the basis of omnibus and general allegations would be an abuse of law, especially since the trial court proceeded without - 5 - NC: 2025:KHC:9383 CRL.P No. 13319 of 2024 framing specific charges against each accused. Accordingly, I pass the following: ORDER i. The criminal petition is allowed. ii. The impugned proceedings in C.C.No.1187/2024 pending on the file of Addl. Civil Judge and JMFC, Bantwal, Dakshina Kannada insofar it relates to the petitioners/accused is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HDK List No.: 1 Sl No.: 5 CT: BHK