- 1 - HC-KAR NC: 2025:KHC:27096 CRL.P No. 11658 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.11658 OF 2024 BETWEEN: MOHAMMED RAFIQ @ RAFIQ KARKALA, S/O NAZIR HUSSAIN,AGED ABOUT 31 YEARS, R/A APSARA COMPOUND, SADHBAVANA NAGARA, BANGLE GUDDE, KARKALA,UDUPI – 574 104. …PETITIONER (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY HEBRI POLICE STATION, KARKALA,REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. 2. MAHABALA SHETTY, FATHER'S NAME NOT KNOWN, MAJOR IN AGE, SUB-INSPECTOR OF POLICE, HEBRI POLICE STATION, KARAKAL TALUK, UDUPI – 574 104. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1 AND R2) THIS CRL.P. IS FILED U/S.482 (FILED U/S.528 BNNS) CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.400/2019 PENDING ON THE FILE OF THE HONBLE ADDL.CIVIL JUDGE AND JMFC KARKALA, FOR THE ALLEGED OFFENCE P/US/ 399, 402, 120-B OF IPC REGISTERED BY THE RESPONDENT NO.1/HEBRI P.S. AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27096 CRL.P No. 11658 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: (a) CALL for the entire records in CC.No.400/2019 pending on the file of Hon'ble Addl. Civil Judge and JMFC, Karkala., for the offences punishable under section 399, 402 and 120B of IPC based on the charge sheet submitted by the 1st Respondent/Hebri PS. (b) QUASH the entire criminal proceedings in CC.No.400/2019 pending on the file of Hon'ble Addl. Civil Judge and JMFC, Karkala., for the alleged offences punishable under section sections 399, 402 and 120B of IPC., registered by the Respondent No.1/Hebri PS (c) PASS such other relief/reliefs as this Hon'ble court deems fit in the facts and circumstances of the present case in the interest of justice and equity. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondents. Perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-Sub Inspector of Police files a complaint dated - 3 - HC-KAR NC: 2025:KHC:27096 CRL.P No. 11658 of 2024 17.12.2018 inter alia alleging that on 29.11.2018, he received information that the petitioner-accused No.6 and five other accused persons were conspiring to assemble for the purpose of committing dacoity, pursuant to which, respondent No.2 conducted a raid in the morning hours on 29.11.2018, when he found the petitioner- accused No.6 along with five other accused persons, chilli powder and small knife was recovered from accused No.1 and since the petitioner and remaining accused persons were in the Ritz Car bearing No.KA-20-P-6434, the petitioner and five other accused persons were arraigned as accused persons in the impugned FIR registered as Crime No.93/2018. In pursuance to the investigation conducted by the Police Authorities, charge sheet came to be filed against the petitioner and five others for the alleged offences punishable under Sections 399, 402 and 120(B) of IPC. Aggrieved by the impugned proceedings, the petitioner-accused No.6 is before this Court by way of the present petition. 4. A perusal of the impugned complaint and FIR will indicate that except stating that police-respondent No.2 received information about conspiracy said to have been hatched by the petitioner-accused No.6 along with other five accused persons, - 4 - HC-KAR NC: 2025:KHC:27096 CRL.P No. 11658 of 2024 there are no allegations to indicate the commission of offences in the impugned FIR and complaint. In addition there to, during the course of raid, nothing was recovered from the petitioner-accused No.6 and the chilli powder and knife was recovered from accused No.1-Mohammed Ariff. It is also pertinent to note that the aforesaid Ritz Car bearing No.KA-20-P-6434 does not belong to the petitioner as could be seen from the material on record comprising of FIR, complaint, charge sheet, statement of witness and documents etc. Under these circumstances, merely because the petitioner happened to be at the spot near the Car which did not belong to him and neither the chilli powder nor knife recovered from him, I am of the considered opinion that the petitioner cannot be incriminated for the alleged offences. Consequently, the impugned proceedings qua the petitioner-accused No.6 deserves to be quashed. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed; (ii) The impugned proceedings in S.C.No.6/2025 (Old C.C.No.400/2019) pending on the file of - 5 - HC-KAR NC: 2025:KHC:27096 CRL.P No. 11658 of 2024 II Additional District and Sessions Judge at Udupi, arising out of Crime No.93/2018 dated 29.11.2018 for the offences punishable under Sections 399, 402 and 120B of IPC, qua the petitioner/accused No.6, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMJ List No.: 1 Sl No.: 11