- 1 - HC-KAR NC: 2025:KHC-D:11010 CRL.P No. 102614 of 2023 C/W CRL.P No. 104029 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102614 OF 2023 C/W CRIMINAL PETITION NO. 104029 OF 2022 (482(CR.PC)/528(BNSS)) IN CRL. P. NO.102614 OF 2023: BETWEEN: HAJIAMEEN BASHA @ PASHA MAHAMMAD @ ANWAR S/O. HAJI AMIN ABU MOHAMMAD @ ANAWAR, AGED ABOUT 70 YEARS, RESIDING AT: H.NO.24/2/2013, VIDYANATH NAGAR, ATTAWAR, MANGALURU-574 142. … PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ANKOLA POLICE STATION, STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SH. RAMESH GOUDA S/O. LAKSHMANA GOUDA, AGED ABOUT 45 YEARS, OCC. APC-183, RESERVED POLICE FORCE, KARWAR, RESIDING AT HEMMADI, YELLAPURA-581 301. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11010 CRL.P No. 102614 of 2023 C/W CRL.P No. 104029 of 2022 THIS CRIMINAL PETITION IS FIELD UNDER SECTION 482 OF CR.P.C., PRAYING TO CALL FOR RELEVANT RECORDS AND QUASH THE SPLIT-UP CHARGE SHEET DATED 16.05.2016 FILED BY THE 1ST RESPONDENT/POLICE IN CRIME NO.245/2013 ALLEGING THE COMMISSION OF OFFENCES PUNISHABLE UNDER SECTIONS 302, 307, 353, 120B, 201, 212, 419, 468, 471, 384, 388, 506 R/W SECTION 149 IPC AND SECTIONS 3, 8, 25(1-B)(A)(C) OF INDIAN ARMS ACT, 1959 AND SECTION 3(1)(I), 3(II), 3(2), 3(3), 3(4) OF KARNATAKA CONTROL OF ORGANIZED CRIMES ACT, 2000, AS AGAINST THE PETITIONER AND TWO OTHERS, WHEREIN THE PETITIONER HAS BEEN ARRAYED AS ACCUSED NO.14(A2) AND CONSEQUENTLY QUASH THE IMPUGNED PROCEEDINGS IN SC NO.102/2017 WHEREIN THE PETITIONER/ACCUSED NO.2 HAS BEEN ARRAYED AS ACCUSED NO.2 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 307, 353, 120B, 201, 212, 419, 468, 471, 384, 388, 506 R/W SECTION 149 IPC AND SECTION 3, 8, 25(1-B)(A)(C) OF INDIAN ARMS ACT, 1959 AND SECTION 3(1)(I), 3(II), 3(2), 3(3), 3(4) OF KARNATAKA CONTROL OF ORGANIZED CRIMES ACT, 2000, WHICH IS PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE BELAGAVI. IN CRL.P. NO.104029 OF 2022: BETWEEN: MR. NAJIM NILAWAR @ MAHAMMAD NAJIM NILAWAR, AGED ABOUT 51 YEARS, RESIDING AT BANDAR ROAD, BHATKAL-581 320, UTTARA KANNADA. … PETITIONER (BY SRI. ISMAIL MUNEEB MUSBA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ANKOLA POLICE STATION, THROUGH THE STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, DHARWAD-580 011. - 3 - HC-KAR NC: 2025:KHC-D:11010 CRL.P No. 102614 of 2023 C/W CRL.P No. 104029 of 2022 2. MR. RAMESH GOWDA S/O. LAXMAN GOWDA, RESIDING AT HEMMADI, YALLAPUR TALUK, N/A D.A.R HEAD QUARTERS, KAJUBHAG, KARWAR-581 301. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO CALL FOR RECORDS IN SC NO.102/2017 (ORIGINALLY ARISING FROM SC NO.129/2014-FIR IN CRIME NO.245/2013 REGISTERED BY ANKOLA PS), PENDING ON FILE OF PRL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND QUASH THE ENTIRE PROCEEDINGS IN SC NO.102/2017 (ORIGINALLY ARISING FROM SC NO.129/2014-FIR IN CRIME NO.245/2013 REGISTERED BY ANKOLA PS) PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, PRODUCED AS ANNEXURE-A, FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 307, 353, 120(B), 212, 201, 419, 468, 471, 384, 388, 506 R/W 149 OF IPC AND SECTION 3, 8, 25(1B)(A)(C) OF INDIAN ARMS ACT, 1959 AND SECTION 3(1)(I), 3(II), 3(2), 3(3), 3(4) OF KARNATAKA CONTROL OF ORGANISED CRIME ACT, 2000, IN SO FAR AS PETITIONER IS CONCERNED AND QUASH THE CHARGE SHEET IN SC NO.102/2017 (ORIGINALLY ARISING FROM SC NO.129/2014-FIR IN CRIME NO.245/2013 REGISTERED BY ANKOLA PS) WITH RESPECT TO PETITIONER/ACCUSED NO.1 PENDING ON FILE OF PRL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, PRODUCED AS ANNEXURE-D. THESE PETITIONS ARE COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:11010 CRL.P No. 102614 of 2023 C/W CRL.P No. 104029 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel for the petitioners submits that petitions may be dismissed as not pressed with liberty to the petitioners to file a fresh petition after disposal of Criminal Appeal No.100322 of 2025 in the event need arises. 2. Submission placed on record. 3. Petitions are dismissed as not pressed with liberty as prayed for. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 55