- 1 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12449 OF 2026 BETWEEN: MR. KUNHI AHAMAD MUSTHAFA (AS PER AADHAR CARD) MR. MUSTHAFA (AS PER CHARGESHEET AND ORDERSHEET) AGED 43 YEARS, S/O NEJAR KUNHI AHMED KOYA R/AT 1-4, SALE MELMANE HOUSE, ULAIBETTU POST, MANGALORE TALUK, D.K DISTRICT-574154. …PETITIONER (BY SRI. GANAPATHI BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PSI MANALURU RURAL POLICE STATION, MANGALORE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 2. MR. UMESHA, S/O ANNU POOJARY, AGED 28 YEARS, R/AT MANADKA HOUSE, ANNINJE POST POST AND VILLAGE, BELTHANGADY, D.K DISTRICT-574242. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.2174/2017 ARISING FROM MAIN CC.NO.1575/2016 IN CR.NO.152/2012 REGISTERED BY MANGALURU RURAL P.S., PENDING BEFORE THE JMFC III COURT, MANGALORE, FOR THE OFFENCES P/U/S 143, 147, 341, 323, 427 R/W 149 OF IPC, AS AGAINST THE ACCUSED/PETITIONER HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 ORAL ORDER The petitioner is said to be accused No.6 is before this Court calling in question the continuance of proceedings in C.C.No.2174/2017 registered for the offences punishable under Sections 143, 147, 341, 323, 427 read with Section 149 of the IPC. 2. Heard Sri. Ganapathi Bhat, learned counsel appearing for the petitioner, Smt. Rashmi Patel, learned HCGP appearing for respondent No.1 and have perused the material on record. 3. Facts in brief, germane, are as follows: The petitioner gets embroiled in a crime in Crime No.152/2012 for offences punishable as afore-quoted. The police conduct investigation and file a charge sheet for the offences again as afore-quoted. The concerned Court acquits accused Nos.1 to 5 who are available for trial and the petitioner not being available for trial, a split charge is drawn against him in C.C.No.2174/2017, which is now hanging on the head of the petitioner. - 4 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 4. Learned counsel appearing before the petitioner submits that the reasons that went into acquitting accused Nos.1 to 5 would become straight away applicable to the petitioner as well. If it is a collective act, the learned counsel submits that the petitioner cannot be singled out for a different treatment. 5. Learned HCGP would, however, refute the submissions contending that the petitioner has escaped trial. Therefore, he must be directed to face trial and come out clean like accused Nos.1 to 5 and would seek dismissal of the petition. 6. I have given my anxious consideration to the respective submissions made by the learned counsel and have perused the material on record. 7. The afore-narrated facts are not in dispute. The issue before the Court relates to the offences as afore-quoted. The allegation is that all the accused together did indulge in the commission of the offence. The concerned Court answering the prosecution's allegations, acquitted accused Nos.1 to 5 in - 5 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 C.C.No.1575/2016, who were available for trial on the following reasons: ":: ಾರಣಗಳ :: 7. ಅಂಶ ಅಂಶ ಅಂಶ ಅಂಶ ನಂ ನಂ ನಂ ನಂ.1 ಂದ ಂದ ಂದ ಂದ 5:- ಒಂದಂದ ಐದೂ ಅಂಶಗಳ ಪರಸರ ಒಂದೊಂದು ಪರಕಾರುವದಂದ ಾಾಲಯದ ಅನುಕೂಲೋಸರ ಎ$ಾ% ಅಂಶಗಳನು' ಏಕಾಲೆ ಉತ+ಸ$ಾ,ೆ. 8. ಈ.ಾಗ$ೇ /01ದಂ2ೆ ಅ34ೕಜೆಯವರು ತಮ7 ಪ8ಕರಣವನು' 9ಾ:ೕತು ಪ;ಸಲು ೇ0ೆಯ 9ಾ< =ಾಗೂ ಮಹಜ? 9ಾ<ಾದ @ಾ9ಾ-3 ರವರನು' ಅ9ಾ-1ರವರಾ' A@ಾರBೆ.ೊಳಪ;1ದುC, ಅವರು ತನ' 9ಾDEದF% 2ಾನು Gಾಸ ಬ1IನF% @ಾಲಕ ಮತು+ JಾKಹಕLಾ ಾಯKJವKMಸು/+ದುC ತಮ7 ಬಸIನು' ಆLೋOಗಳ ಅಕ8ಮಾ ತPೆದು JF%1 ಅವ.ೆ ಹ$ೆ% ನPೆ1 ಬ1Iನ .ಾಜುಗಳನು' ಜಖಂ.ೊ01ರುವದನು' 2ಾನು ೇ0 /0ದುೊಂ;ರುವRಲ% =ಾಗೂ ಈ ಬ.ೆS TFೕಸ.ೆ =ೇ0ೆಯನು' Jೕ;ರುವRಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅಲ%,ೆ, TFೕಸರು ತನ' ಸಮDಮ ಾವ,ೇ ಮಹಜರನು' ತಾ1ರುವRಲ%, ಾವ,ೇ ವಸು+ಗಳನು' ವಶಪ;1ೊಂ;ರುವRಲ% ಮತು+ ತನ.ೆ ಈ ಪ8ಕರಣದ 9ೊತು+ಗಳನು' ಗುರು/ಸ$ಾಗುವRಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅಲ%,ೆ, 2ಾನು JO-1 ,ಾಖ$ೆ.ೆ ಮಂಗಳUರು .ಾ8Vಾಂತರ TFೕW XಾBೆಯF% ಸM Vಾ;ದುC ಅದರF% ಬLೆRರುವ Aಷಯಗಳ ತನ.ೆ .ೊ/+ಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅ9ಾ- 1ರವರು ಅ34ೕಜೆ.ೆ ಪ8/ಕೂಲಾ 9ಾDE ನು;RದCಂದ ಅ34ೕಜೆಯವರು ಅ9ಾ- 1ರವರನು' ಪ8/ಕೂಲ 9ಾ< ಎಂದು ಪಗZ1 [ಾ\ೕಸಾಲು Vಾ;ದುC, [ಾ\ೕಸಾFನF% ಅ34ೕಜೆ.ೆ ಪರಕಾದಂತಹ ಾವ,ೇ ಅಂಶಗಳನು' =ೊರ2ೆ.ೆRರುವRಲ%. 9. ಅ34ೕಜೆಯು ತJGಾ]ಾಾದ @ಾ9ಾ-5ರವರನು' 2ರವರಾ' A@ಾರBೆ.ೊಳಪ;1ದುC, ಅವರು ತನ' 9ಾDEದF% @ಾ9ಾ-3ರವರ =ೇ0ೆಯನು' ,ಾಖF1ೊಂಡು ತJGೆಯನು' ಪಣK.ೊ01 ಆLೋOಗಳ Aರುದ_ ,ೋ`ಾLೋಪBಾ ಪ\aಯನು' ಾಾಲಯೆ ಸF%1ದ ಬ.ೆS 9ಾDE ನು;Rರು2ಾ+Lೆ. 10. ಅ34ೕಜೆಯು OLಾದು,ಾರLಾದ @ಾ9ಾ-1ರವರನು' ಅ9ಾ-3 ರವರಾ' A@ಾರBೆ.ೊಳಪ;1ದುC, ಅವರು ತನ' 9ಾDEದF% ತನ.ೆ ಮತು+ @ಾ9ಾ-2ರವ.ೆ ಈ Mಂ,ೆ ಹ$ೆ%bಂದ [ೆcಾaರುವRಲ%, ಆLೋOಗಳ ಈ Mಂ,ೆ ಅಕ8ಮಕೂಟ 9ೇ ತಮ7 ಬಸIನು' ಅಕ8ಮಾ ತPೆದು JF%1 ಬ1I.ೆ ಕಲು%ಗಳನು' :9ಾ; ಜಖಂ.ೊ01 ನಷaವನು'ಂಟು Vಾ;ದCಲ%,ೆ ತನ.ೆ ಮತು+ @ಾ9ಾ-2ರವ.ೆ ೈಗ0ಂದ ಹ$ೆ% ನPೆ1 ಾಲುಗ0ಂದ ತು0ದು - 6 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 .ಾಯವನು'ಂಟು Vಾ;ರುವRಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅಲ%,ೆ, ಈ ಘಟೆ ಬ.ೆS 2ಾನು TFೕಸ.ೆ JO-3ರಂ2ೆ ದೂರನು' Jೕ;ರುವRಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅಲ%,ೆ, TFೕಸರು ತನ' ಸಮDಮ ಾವ,ೇ ಮಹಜರನು' ತಾ1ರುವRಲ%, ಾವ,ೇ ವಸು+ಗಳನು' ವಶಪ;1ೊಂ;ರುವRಲ% =ಾಗೂ 2ಾನು TFೕಸ.ೆ ಮರು=ೇ0ೆಯನು' Jೕ;ರುವRಲ% ಮತು+ ತನ.ೆ ಈ ಪ8ಕರಣದ 9ೊತು+ಗಳನು' ಗುರು/ಸ$ಾಗುವRಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅಲ%,ೆ, 2ಾನು JO-1 ಮತು+ JO-3 ,ಾಖ$ೆಗ0.ೆ .ಾ8Vಾಂತರ TFೕW XಾBೆಯF% ಸM Vಾ;ದುC ಅವಗಳF% ಬLೆRರುವ Aಷಯಗಳ ತನ.ೆ .ೊ/+ಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅ9ಾ-3ರವರು ಅ34ೕಜೆ.ೆ ಪ8/ಕೂಲಾ 9ಾDE ನು;RದCಂದ ಅ34ೕಜೆಯವರು ಅ9ಾ-3ರವರನು' ಪ8/ಕೂಲ 9ಾ< ಎಂದು ಪಗZ1 [ಾ\ೕಸಾಲು Vಾ;ದುC, [ಾ\ೕಸಾFನF% 2ಾನು ಮತು+ @ಾ9ಾ-2ರವರು ಆLೋOಗgೆUಂR.ೆ Lಾh Vಾ;ೊಂ;ರುವ,ಾ ಒOೊಂ;ರು2ಾ+Lೆ. 11. ಅ34ೕಜೆಯು .ಾಾಳಾದ @ಾ9ಾ-2ರವರನು' ಅ9ಾ-4ರವರಾ' A@ಾರBೆ.ೊಳಪ;1ದುC, ಅವರು ತನ' 9ಾDEದF% ತನ.ೆ ಮತು+ @ಾ9ಾ-1ರವ.ೆ ಈ Mಂ,ೆ ಹ$ೆ%bಂದ [ೆcಾaರುವRಲ%, ಆLೋOಗಳ ಈ Mಂ,ೆ ಅಕ8ಮ ಕೂಟ 9ೇ ತಮ7 ಬಸIನು' ಅಕ8ಮಾ ತPೆದು JF%1 ಬ1I.ೆ ಕಲು%ಗಳನು' :9ಾ; ಜಖಂ.ೊ01 ನಷaವನು'ಂಟು Vಾ;ದCಲ%,ೆ, ತನ.ೆ ಮತು+ @ಾ9ಾ- 1 ರವ.ೆ ೈಗ0ಂದ ಹ$ೆ% ನPೆ1 ಾಲುಗ0ಂದ ತು0ದು .ಾಯವನು'ಂಟು Vಾ;ರುವRಲ% =ಾಗೂ 2ಾನು ಈ ಬ.ೆS TFೕಸ.ೆ =ೇ0ೆಯನು' Jೕ;ರುವRಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅಲ%,ೆ TFೕಸರು ತನ' ಸಮDಮ ಾವ,ೇ ಮಹಜರನು' ತಾ1ರುವRಲ%. ಾವ,ೇ ವಸು+ಗಳನು' ವಶಪ;1ೊಂ;ರುವRಲ% =ಾಗೂ ತನ.ೆ ಈ ಪ8ಕರಣದ 9ೊತು+ಗಳನು' ಗುರು/ಸ$ಾಗುವRಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅಲ%,ೆ, 2ಾನು JO-1 ,ಾಖ$ೆ.ೆ .ಾ8Vಾಂತರ TFೕW XಾBೆಯF% ಸM Vಾ;ದುC ಅದರF% ಬLೆRರುವ Aಷಯಗಳ ತನ.ೆ .ೊ/+ಲ% ಎಂದು 9ಾDE ನು;Rರು2ಾ+Lೆ. ಅ9ಾ-4 ರವರು ಅ34ೕಜೆ.ೆ ಪ8/ಕೂಲಾ 9ಾDE ನು;RದCಂದ ಅ34ೕಜೆಯವರು ಅ9ಾ-4ರವರನು' ಪ8/ಕೂಲ9ಾ< ಎಂದು ಪಗZ1 [ಾ\ೕಸಾಲು Vಾ;ದುC, [ಾ\ೕಸಾFನF% 2ಾನು ಮತು+ @ಾ9ಾ-1ರವರು ಆLೋOಗgೆUಂR.ೆ Lಾh Vಾ;ೊಂ;ರುವ,ಾ ಒOೊಂ;ರು2ಾ+Lೆ. 12. ಾಾಲಯದF% =ಾಜರುಪ;ಸ$ಾದ 9ಾDEದ ಅವ$ೋಕನ Vಾ; ೋ;,ಾಗ ಕೃತೆ ಪ8ಮುಖ 9ಾ<,ಾರರುಗgಾದ ಅ9ಾ-1, ಅ9ಾ-3 ಮತು+ ಅ9ಾ-4 ರವರು ಅ34ೕಜೆ ಪರ ಪ8/ಕೂಲ9ಾ<ಗgಾ ಪಣk1ದುC ಇದು ಅ34ೕಜೆಯ ಪ8ಕರಣೆ ಆmತಾಯರುತ+,ೆ. ಅಲ%,ೆ, ಅ9ಾ-3 ಮತು+ 4ರವರು ತಮ7 [ಾ\ೕಸಾFನF% ಆLೋOಗgೆUಂR.ೆ Lಾhಾರುವದರ ಬ.ೆS ಸಷaಾ ಒOೊಂ;ರು2ಾ+Lೆ. ತJGಾ]ಾಯವರು @ಾ9ಾ-3ರವರ =ೇ0ೆಯನು' =ೊರತುಪ;1 nೇLೆ ಾವ,ೇ - 7 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 ತJGೆಯನು' ಈ ಪ8ಕರಣದF% ೈ.ೊಂ;ರುವRಲ%. ಅಲ%,ೆ ಅವರು ತನ' 9ಾDEದF% ಆLೋOಗಳ M2ಾಸo+.ೆ ವ/ಕ+ಾದಂತಹ 9ಾDEವನು' ನು;RರುವRಲ%. ಆದುದಂದ ಅವರ 9ಾDEವ ಅ34ೕಜೆಯ ಪ8ಕರಣೆ ಪರಕಾರುವRಲ%. A@ಾರBೆ Vಾಡ$ಾದ ಪ8ಮುಖ 9ಾ<ಗgಾದ ಅ9ಾ-1, ಅ9ಾ-3 ಮತು+ 4ರವರು ಅ34ೕಜೆಯನು' nೆಂಬFಸRದC ಾರಣ ಉ0ದ 9ಾ<,ಾರರನು' A@ಾರBೆ Vಾಡುವದಂದ ಾವ,ೇ ಪ84ೕಜನ ಇಲ%ೆಂದು ಪಗZ1 ಅ34ೕಜೆಯವರು ಉ0ದ 9ಾ<,ಾರ.ೆ ಸಮpI Jೕ; ಎನು'ವ ೋೆಯನು' /ರಸಸ$ಾರುತ+,ೆ. Mೕ.ಾ ಆLೋOಗಳ ತOತಸqLೆಂದು ಪಗZಸಲು ಾವ,ೇ 9ಾrಾsಾರ ಇಲ%ದ ಾರಣ ಅ34ೕಜೆಯವರು ತಮ7 ಪ8ಕರಣವನು' ಸಂಶಾ/ೕತಾ 9ಾ:ೕತು ಪ;1,ಾCLೆಂದು =ೇಳ$ಾಗುವRಲ%. ಆದCಂದ, ನನ' JಣKಯೆ ಬಂದ ಅಂಶ 1 ಂದ 5ನು' ನಾLಾತ7ಕಾ ಉತ+1ರು2ೆ+ೕೆ. 13. ಅಂಶ ಅಂಶ ಅಂಶ ಅಂಶ ನಂ ನಂ ನಂ ನಂ.6◌ಃ ◌ಃ ◌ಃ ◌ಃ- ಈ vೕಲಂಡ ಾರಣಗ0ಂ,ಾ ಈ ಅಂಶವನು' ೆಳಕಂಡಂ2ೆ ಆ,ೇಶ Vಾಡು2ೆ+ೕೆ. ಆ,ೇಶ ಆ,ೇಶ ಆ,ೇಶ ಆ,ೇಶ ದಂಡ ಪ8o8ಾ ಸಂM2ೆ ಕಲಂ 248(1)ರ ಅ;ಯF% ಾ4ೕKನು7ಖಾ 1 ಂದ 5ೇ ಆLೋOಗಳನು' ಅವರ Aರುದ_ ಆ[ಾRಸ$ಾದ wಾರ/ೕಯ ದಂಡ ಪ8o8x ಸಂM2ೆ ಕಲಂ 143, 147, 341, 323 ಮತು+ 427 yೊ2ೆ.ೆ 149ರ ಅಪLಾಧಗ0ಂದ J,ೋK{ಗgೆಂದು /ೕVಾKJ1 :ಡುಗPೆ.ೊ01,ೆCೕೆ. ದಂಡ ಪ8o8ಾ ಸಂM2ೆ ಕಲಂ 437(ಎ)ರ ಅ;ಯF% ಾ4ೕKನು7ಖಾ vೕFನ ಆLೋOಗಳ ಬLೆದು ೊ\aರುವ yಾkೕನು ಮುಚ}0ೆಯನು' ಆರು /ಂಗಳವLೆ.ೆ yಾಯF%ಸ$ಾರುತ+,ೆ. ಪ8ಕರಣದ ಕಡತವನು' Aಭhತ ಪ8ಕರಣ 1.1.ಸಂ:2174/2017 ಇತಥKಾಗುವವLೆಗೂ ಇಡುವಂ2ೆ ಆ,ೇ€1,ೆ." 8. The reason so rendered by the concerned Court is that the prosecution has miserably failed to prove the guilt beyond all reasonable doubt. If that be the case against accused Nos.1 to 5 for passing an order of acquittal, it cannot be said that the petitioner would get convicted, if a trial is - 8 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 permitted on the same set of evidence. In that light, to save the precious judicial time, I deem it appropriate to exercise the jurisdiction under Section 528 of BNSS and obliterate the same. 9. The view of mine, in this regard, is fortified by the judgment rendered by a Co-ordinate Bench of this Court in Crl.P.4796/2017, wherein the Co-ordinate Bench considering identical set of facts has held as follows: “12. Having heard the learned Advocates appearing for parties and on perusal of records it would disclose that petitioner/accused was never traced and non-bailable warrant issued against him was never executed. Hon’ble Apex Court in the case of CENTRAL BUREAU OF INVESTIGATION vs AKHILESH SINGH reported in AIR 2005 SCC 268 has held quashing of charge and order discharging co-accused can be passed, if the proceedings initiated against co-accused is on similar allegations and if said judgment had reached finality. It is also held that discharge of a co-accused by the High Court by holding that no purpose would be served in further proceeding with the case, is just and proper. In another ruling in MOHAMMED ILIAS vs. STATE OF KARNATAKA reported in (2001) 3 Kant LJ 551 this Court has held as under: “The petitioner is the accused in the case and he is shown to be the absconding. Therefore, the case against the petitioner was split up and charge-sheet was laid against other available accused Nos.1 and 3 for committing an offence punishable - 9 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 under Sections 498A and 307 IPC r/w 34 Indian Penal Code, 1860. After the trial, the Sessions Judge acquitted the accused Nos.1 to 3. The petitioner was arrested and proceedings were revived against him in the split charge sheet.... In the instant case also, the full pledged trial was held against accused Nos.1 to 3, in respect of the same offence. In the second round of trial against the petitioner, the evidence to be produced cannot be different from the one that was produced by the prosecution in the earlier case. Therefore, in that view of the matter, the proceeding is quashed.” 13. Yet, in another ruling THE STATE OF KARNATAKA vs. K.C.NARASEGOWDA reported in ILR 2005 Kar. 1822 this Court has held to the following effect: “As the case before the Sessions Judge is not a pending case, he cannot keep the file any longer pending nor he can close the case as he has to await appearance of the accused or the production by the State, for passing orders regarding undergoing sentence. As such, considering these peculiar facts and circumstances, it is deemed proper to exercise the inherent jurisdiction under Section 482 of Cr.P.C. instead of jurisdiction under Section 385 of Cr.P.C. in the interest of justice. As the entire material evidence of the prosecutions is one and the same, as against all the accused including the non-appealing accused No.1, who is said to be absconding, there is no second opinion - 10 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 that he is also entitled for the same benefit of doubt as he is extended for his co-accused. Accused acquitted by giving benefit of doubt.” 14. In this background, when the facts on hand are examined, it would clearly indicate that not only complainant but also other witnesses including the inmates of ambulance in which they were travelling on the date of incident, had turned hostile in the proceedings which was continued against co- accused. Though, P.W.1 – complainant had admitted that he has lodged a compliant as per Ex.P-1 and had also admitted that he has given a statement identifying the accused before the Investigation Officer, he did not identify the accused persons present before Court. In fact, statements given by him as per Exs.P-2 to P-4 when confronted, he denied the same and had also denied the suggestion put by the public prosecutor that he had furnished the statements as per Exs.P-2 to P-4 as false. P.W.2 to P.W.8 had not identified the accused persons present before the jurisdictional Sessions Court. In fact, they have not even identified the statements made by them before the Investigating Officer and nothing worthwhile has been elicited in their cross- examination to disbelieve their evidence. Thus, taking into consideration said evidence available on record Sessions Court had arrived at a conclusion that evidence of the witnesses examined by prosecution would not come to their assistance. In fact, witnesses to the seizure panchnama - Ex.P-40, who were examined as P.W.16 and P.W.17, have also turned hostile and they have stated that police had called them a year back to the police station and when they went to the police station, they had not seen any accused persons in police station. However, they admit police having taken their signatures on - 11 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 the papers and contents of it were not known to them. 15. It is in this background, trial Court on appreciation of entire evidence had acquitted all the accused persons by holding that prosecution had failed to prove the offence alleging accused persons beyond reasonable doubt attracting the ingredients of provisions of the offence alleged against them. In fact, Sessions Court has observed that there was certain communal disturbance in Dakshina Kannada district and other places at Bantwal Taluk and to please on community of people, the Investigating Officer might have falsely implicated the accused persons in a false case or to avoid the blame to be received from the public or other community people and such possibilities cannot be ruled out. In this background, when prayer of petitioner sought for in the present petition is examined, it can be noticed that contents of supplementary charge sheet filed against the petitioner is similar, identical and in fact, it is replica of charge made against accused Nos.1 to 23 and 25 to 33, who15 were tried in S.C.No.12/2007, 94/2007 and 26/2008 and had been acquitted. 16. In that view of the matter, this Court is of the firm view that judgment rendered by trial Court insofar as it relates to accused Nos.1 to 23 and 25 to 33 is similar and identical to the charge made against the present petitioner. This Court does not find any independent or separate material having been placed by the prosecution against present petitioner to put him on trial once again and directing the petitioner- accused to undergo the order of trial, which ultimately would fetch same result as that of accused Nos.1 to 23 and 25 to 33. When allegation made against accused Nos.1 to 23 and 25 to 33 is compared with the allegation made against present - 12 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 petitioner, it has to be necessarily held that they are identical, similar and inseparable in nature and no independent decision can be taken against the present petitioner. Therefore, no purpose would be served even if the present petitioner is ordered to be tried by the trial Court. 17. In view of the afore stated facts and the law laid down, as discussed hereinabove, it would emerge that there would be no harm or injustice that would be caused to prosecution if benefit of acquittal order is passed in favour of accused – petitioner, since accused Nos.1 to 23 and 25 to 33 against whom similar allegation had been made is already acquitted. Though, it is contended by Sri. Rachaiah, learned HCGP appearing for the State that petitioner should not be extended said benefit, since he is an absconder, by relying upon judgment of Coordinate Bench this Court is not inclined to accept said contention for single reason that said judgment had been rendered based on the judgment of Apex Court in the case of DEEPAK RAJAK vs. STATE OF WEST BENGAL reported in (2007) 15 SCC 305 where under Apex Court after noticing the facts obtained in the said case, had held that benefit of acquittal, should be extended to the appellant, since co- accused had been acquitted and held that a departure can be made in cases where accused has not surrendered “after conviction” in addition to not filing an appeal against the conviction. As such, noticing earlier position of law laid down it was held by the Apex Court that in case of acquittal of a accused for same offence on same set of facts and on similar accusations, if considered, it would entile for acquittal of co-accused also. 18. In that view of the matter, present proceedings initiated against petitioner is liable to be quashed. - 13 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 Hence, I proceed to pass the following: ORDER (i) Criminal petition is hereby allowed. (ii) Proceedings in C.C.No.1170/2007 pending on the file of Addl. Civil Judge & JMFC, Bantwal, in Cr.No.130/2006 registered by Bantwal Rural Police Station, is hereby quashed insofar petitioner is concerned. In view of criminal petition having been disposed of on merits, I.A.No.1/2017 for stay does not survive for consideration and same stands rejected.” The Co-ordinate Bench was considering a case where the co-accused who had escaped trial had not surrendered or was not arrested by the police. 10. In the light of there being no evidence against accused Nos.1 to 5 and the split up charge against the petitioner being tried now before the concerned Court would become an exercise in futility. In the teeth of there being no evidence or a specific charge against this petitioner, that was not charged against accused Nos.1 to 5, I deem it appropriate to obliterate the proceedings against the petitioner. - 14 - HC-KAR CNR: KAHC010559882026 NC: 2026:KHC:47534 CRL.P No. 12449 of 2026 11. For the aforesaid reasons, I pass the following: ORDER i. Criminal Petition is allowed. ii. Proceedings in C.C.No.2174/2017 pending before the JMFC III Court, Mangaluru stand quashed, qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE MCR List No.: 2 Sl No.: 32