- 1 - HC-KAR NC: 2025:KHC:46069 CRL.P No. 10835 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10835 OF 2024 BETWEEN: MOHAMMED NUHAN FARISH, S/O. ABUBAKER, AGED ABOUT 23 YEARS, R/AT: ALIMA NEHA HOUSE, NEAR MASJID, K. S. R. RAO NAGAR, KOLNADU, KARNADU GRAMA MULKI, MANGALURU TALUK, D. K. DISTRICT - 574 323. PRESENTLY RESIDING AT: C. O. BOSPHD STORE, AL H 6 01 AL HASA K S A 31982. …PETITIONER (BY SRI. M.R. BALAKRISHNA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MULKI PS, D. K. DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. DEJAPPA, MAJOR IN AGE, FATHERS NOT KNOWN, POLICE SUB INSPECTOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46069 CRL.P No. 10835 of 2024 CRIME DIVISION, MULKI POLICE STATION, D. K. DISTRICT - 574 154. …RESPONDENTS (BY SRI. ANOOP KUMAR M. N., HCGP) THIS CRL.P FILED U/S.482 CR.PC. (FILED U/S 528 BNSS) PRAYING TO CALL FOR THE ENTIRE RECORDS IN CC.NO. 461/2023 PENDING ON THE FILE OF HON'BLE SENIOR CIVIL JUDGE AND JMFC, MOODABIDRE FOR THE OFFENCES PUNISHABLE UNDER SECTION 399 AND 402 OF IPC BASED ON THE CHARGESHEET SUBMITTED BY THE 1ST RESPONDENT/MULKI PS., SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 23.08.2022 PASSED BY THE HONBLE CIVIL JUDGE AND JMFC, MOODBIDRI, IN CC.NO.461/2023 (OLD CC.NO.976/2022) FOR THE ALLEGED OFFENCES PUNISHABLE U/S 399 AND 402 IPC INITIATED BY 1ST RESPONDENT/MULKI PS AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is challenging the proceedings pending against him in C.C.No.461/2023 on the file of the Court of Senior Civil Judge and JMFC, Moodabidri, registered for the offences punishable under Sections 399 and 402 of IPC. - 3 - HC-KAR NC: 2025:KHC:46069 CRL.P No. 10835 of 2024 2. Heard the learned counsel for the petitioner, learned HCGP for the State and perused the material on record. 3. Based on a suo motu complaint lodged by the PSI, Moodabidri Police Station, case in Crime No.92/2020 was registered against one Ansar (accused No.1) and others for the offence punishable under Sections 399 and 402 of IPC. In the course of investigation, other accused including the petitioner were arrested. On completion of investigation charge sheet was filed against accused Nos. 1 to 6. 4. It is the case of prosecution that on 01.11.2020 at about 10.45 p.m. near Gerukatte Junction, in Karnadu Village, the accused were making preparation to commit dacoity and for the said purpose they were travelling in a Maruthi Swift Car bearing registration number K.A.19 MF.7708 carrying talwars and packets of chilli powder. - 4 - HC-KAR NC: 2025:KHC:46069 CRL.P No. 10835 of 2024 5. As per FIR, the PSI who was on a patrolling duty along with other police personnel, on receiving the credible information, went to the spot to apprehend the accused, however, all the accused escaped. It is stated that one of the accused who was in the car was Ansar (Accused No.1) and four to five persons were also present in the car and they were seen by the police. 6. Two talwars and one plastic cover containing chilli powder and the car bearing registration number KA.19 MF.7708 were seized. 7. Admittedly, in the FIR, the petitioner is not named as an accused. FIR is registered against one Ansar, said to be a rowdy sheeter, and others. Though it is stated that there were four to five persons in the car, the descriptions of those persons are not given in the FIR. The petitioner was arrested on 24.09.2021, on the basis of the statement of the co-accused. Till then his name did not appear or revealed. - 5 - HC-KAR NC: 2025:KHC:46069 CRL.P No. 10835 of 2024 8. It is not the case of prosecution that the petitioner is either the owner of the car which was seized or he was driving the said car. It is contended by the petitioner's counsel that as per the statement of the registered owner of the car, the said car was given to accused No.2. Even according to the prosecution, accused No.2 was driving the car and accused No.1 was sitting beside him. It is alleged that accused Nos.3 to 6 were sitting in the back seat. 9. The learned HCGP has contended that the police have seen the accused persons sitting in the back seat and as per the further statement of CW.12-Head Constable- Sudheer, after the arrest of the accused, he identified the accused persons, including the petitioners. 10. The further statements of CW.12 and CW.13 were recorded on 25.09.2021, after the arrest of the petitioner, based on the statement of the co-accused. As per their statements, the said witnesses have seen the accused sitting in the back seat of the car with the help of - 6 - HC-KAR NC: 2025:KHC:46069 CRL.P No. 10835 of 2024 the street light. Admittedly, the police went to apprehend the accused at about 10.45 p.m. Hence, the case of the prosecution that accused sitting in the back seat were identified with the help of street light etc., is not believable. Further, there is no recovery of any incriminating articles at the instance of the petitioner. There is not an iota of corroboration to array the petitioner as an accused in the case. Without any sufficient or acceptable material collected against the petitioner, the continuation of proceedings against him is an abuse of process of law. Petition therefore, succeeds. 11. Accordingly, the following: ORDER Petition is allowed. The entire proceeding in C.C.461/2023 on the file of the Court of Senior Civil Judge and JMFC, Moodabidri insofar as the petitioner/accused No.4 is quashed. - 7 - HC-KAR NC: 2025:KHC:46069 CRL.P No. 10835 of 2024 In view of quashing of the proceedings against the petitioner, LOC issued by the police in connection with the present case shall be recalled. IA No.1/2025 is allowed. Sd/- (MOHAMMAD NAWAZ) JUDGE AP, CT:TSM List No.: 1 Sl No.: 37