- 1 - HC-KAR NC: 2025:KHC:25647 CRL.P No. 2347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2347 OF 2025 BETWEEN: MOHAMMED SAHIL ALAM @ JAWAD ALAM S/O. ABBAS JAVID AGED ABOUT 28 YEARS RESIDING AT NO.24, 2ND CROSS 4TH MAIN, R.T. NAGAR BENGALURU-560 032. …PETITIONER (BY SRI PRATHEEP K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY DEVARAJ POLICE STATION MYSORE DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-01. 2. CENTRAL CRIME BUREAU-02 MYSORE DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR ORGANISED CRIME AND ANTI ROWDY SQUAD MYSORE-570 001. 3. SHEK MOHAMMED JEELAN S/O. SHEK DHAWOD AGED ABOUT 27 YEARS RESIDING AT NO.2349 SREENIVASA TEMPLE STREET Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25647 CRL.P No. 2347 of 2025 MANDI MOHALLA, MYSORE CITY MYSORE-01. …RESPONDENTS (BY SRI K. NAGESHWARAPPA, H.C.G.P. FOR R-1 AND R-2; SMT. SWATHI R., ADVOCATE FOR R-3) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.1845 OF 2024 IN CONNECTION TO FIR IN CRIME NO.117 OF 2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 148, 341, 307 R/W 149 OF IPC PENDING ON THE FILE OF IV JMFC COURT, MYSORE AS FAR AS PETITIONER IS CONCERNED. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: "WHEREFORE the petitioners most humbly pray that this Hon'ble Court may be pleased to quash the entire proceedings in C.C NO.1845/2024 in connection to FIR in Crime No. 117/2023 for the offence punishable U/S 143, 144, 148, 341, 307 r/w 149 of IPC pending on the file of IV th JMFC court, Mysore as far as petitioner is concerned in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:25647 CRL.P No. 2347 of 2025 2. Perusal of the material on record will indicate that respondent No.3/defacto complainant filed the instant complaint on 12.12.2023, pursuant to which the impugned FIR in Cr.No.117/2023 dated 12.12.2023 was registered against accused Nos.1 to 3 and other persons. 3. During the course of the investigation, respondent Nos.1 and 2/Police authorities recorded the alleged confessional statement of one Jeeshan and arrayed the said Jeeshan as accused No.7 in the proceedings, after an investigation against him in the impugned proceedings. Thereafter, based on the sole confessional statement of the aforesaid accused No.7 Jeeshan, respondent No.1 police has arraigned/included the petitioner as additional accused No.8 in the charge sheet filed in the impugned C.C. No. 1845/2024, which is assailed in the present petition. 4. In this context, it is significant to note that, as stated supra, the petitioner was not merely arraigned as an accused person in the original FIR and was arraigned as accused No.8 only on the basis of the alleged confessional - 4 - HC-KAR NC: 2025:KHC:25647 CRL.P No. 2347 of 2025 statement of accused No.7. The charge sheet summary in relation to the petitioner arraigned as accused No.8 is as under: "8ೇ ಆೋ ಮಹಮ ಾ ಆಲಂ @. ಾ ಉದಯ ೕ ಾೆಯನ ೌ ಆಾ ಾದು" ಈ $ೋ%ಾೋಪಾ ಪತ(ದ )ಾಲಂ- 12ರ ನಮೂದು +ಾರುವ ಉದಯ ೕ ಾಾ ೌ ಆಾ 7ೇ ಆೋ -.ಾ/ ಮತು0 )ಾಲಂ-14ರ ನಮೂದು +ಾರುವ ಉದಯ ೕ ಾಾ ೌ ಆಾ ಾ1-2 ೈಯ ಹ3ೕ4 @ ಸುಕ7 ಎಂಬುವವರ ಸಹಚರಾದು" ಪರಸ;ರ <ೈಮನ=>?ಂದ ಸದ ಆೋ ಾ1-2ರವಂದ ದೂರ<ಾದು" ತನ@ ೇಡನು@ ಇತರರ ಮೂಲಕ Cೕ=)ೊಳEFವ ಉ$ೆ"ೕಶHಂದ ಈ IದJೇ ಾ1-2ರವರ KೕJೆ $ೆLೕಷ NೊಂHದ" 1ೇ ಆೋ ಶOP ಆಹಮQ ಜ<ಾ @ ಜ<ಾ , 2ೇ ಆೋ $ೇವಾS @ ಅಭV ಮತು0 7ೇ ಆೋ -.ಾ/Wೆ ಕೃತY)ೆ7 ಸNಾಯ +ಾಡುವZ$ಾ [ೆ(ೕೇ= ಾ1-2 ೈಯ ಅ3ೕ4 @ ಸುಕ7 Hಾಂಕಃ 12-12-2023ರಂದು ಘನ -Jಾ ಸತ( ಾY ಾಲಯ)ೆ7 NಾಜಾಗುC0ರುವ ಬWೆ_ 1 ಮತು0 7ೇ ಆೋWೆ ಮುಂಗಡ +ಾ C ?ೕದ"ಂದJೇ 1 ಂದ 7ೇ ಆೋಗಳE ಾ1-2 ೈಯ ಅ3ೕ4 @ ಸುಕ7 )ೋ`aWೆ Nಾಜಾಗುವ 'Hನದಂ$ೆ )ೊJೆ +ಾಡಲು ಅಪಾbಕ ಒಳಸಂಚು ರೂ=)ೊಂಡು Hಾಂಕಃ 12-12-2023ರಂದು ಾ1-2 ೈಯ ಅ3ೕ4 @ ಸುಕ7 ಲ1dೕಪZರಂ ೕ ಾಾ ಸರಹದು" eೆ.ಎ.3 ರೆ0ಯರುವ )ೋ`aWೆ Nಾಜಾ ಾ1-1 ರವರ eೊfೆ Kೖಸೂರು ನಗರದ $ೇವಾಜ ೕ ಾಾ ಸರಹದು" 3gಾರ ಕೃಷhಪ; ರೆ0ಯ ಅಂiೇಡ7j ಭವನದ ಎದುರು ಇರುವ ಾ1-20ರವರ iಾ§ÄÛ ಾk $ೇl m ಅಂಗ ಬn 1 ಂದ 7ೇ ಆೋಗಳE ೋ ಾ1-2ರವರನು@ )ೊJೆ +ಾಡಲು ಯC@=ದ ಕೃತYದ ಪೋo<ಾ pಾ ಾ ¸ÁQë-2ರವರ Kೕದ" ತನ@ ೇಡನು@ Cೕ=)ೊಂರುವZದು )ೈWೊಂಡ ತ?qೆrಂದ zÀÈಢಪಟu KೕೆWೆ 8ೇ ಆೋ ಮಹಮ ಾ ಆಲಂ @ ಾ ನ KೕJೆ ಕಲಂ: 109 ಐ= ೕfಾY ಆೋಪದ $ೋ%ಾೋಪೆ NೊಸJಾ$ೆ." 5. Perusal of the aforesaid charge sheet summary and the statement of witnesses will indicate that except for the sole confessional statement of co-accused No.7, there is no other material to establish the involvement of the petitioner so as to - 5 - HC-KAR NC: 2025:KHC:25647 CRL.P No. 2347 of 2025 incriminate him for the aforesaid offenses. In addition thereto, the other material on record also does not disclose the involvement/participation of the petitioner in the alleged offences and the petitioner has been arraigned as accused only on the basis of the sole confessional statement of the co- accused, which is impermissible in law as held by the Apex Court in the case of SURINDER KUMAR KHANNA Vs. INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE reported in (2018) 8 Supreme Court Cases 271, similarly, this Court in the cases of Sri.Kadapal Sreyes Reddy Vs. State of Karnataka and another in Crl.P.No.10860/2022 dated 02.01.2023 and further in Badrul Muneer Vs. State of Karnataka in Crl.P.No.4263/2020 dated 13.01.2021 has reiterated the view of the Hon'ble Supreme Court in this regard. 6. In view of the aforesaid facts and circumstances and in view of the principle enunciated in the aforesaid judgment. I am of the view that the impugned proceedings qua petitioner/accused No. 8, are liable to be quashed. In the result, I pass the following: - 6 - HC-KAR NC: 2025:KHC:25647 CRL.P No. 2347 of 2025 ORDER i. The petition is hereby allowed. ii. The impugned proceedings passed in C.C.No.1845/2024 on the file of the IV JMFC Court, Mysore, for the offences punishable under Sections 143, 144, 148, 341 and 307 r/w Section 149 of IPC, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 26 CT:BHK