- 1 - HC-KAR CNR: KAHC010605112026 NC: 2026:KHC:49773 WP No. 28024 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION No.28024 OF 2026(GM-RES) BETWEEN: MR E S A MANSOOR THANGAL @ MASOOD @ MASOOD C/O ELLAGATH KOYAM THANGAL, AGED ABOUT 45 YEARS, R/AT IV 70/3D, SHANTHI NAGAR HOUSE, BAJAL VILLAGE AND POST, MANGALURU, D.K. DISTRICT PIN - 575007. …PETITIONER (BY SRI. DIVEEN VARMA B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALURU RURAL POLICE STATION, MANGALURU, D.K. DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -560 001. 2. MR. DAVID D’ SOUZA, C.P.C 925, MANGALURU RURAL POLICE STATION, MANGALURU, D.K. DISTRICT. …RESPONDENTS (BY SMT.M.M.WAHEEDA, HIGH COURT GOVERNMENT PLEADER FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010605112026 NC: 2026:KHC:49773 WP No. 28024 of 2026 CHARGE SHEET DATED 05/12/2007 IN CRIME No.197 OF 2007 IN CC No.3173/2009 SPLIT UP No.4002/2014 FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 504, 332 R/W 149 OF INDIAN PENAL CODE, 1860 IN THE FILE OF III JUDICIAL MAGISTRATE FIRST CLASS (ANNEXURE-C) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Diveen Varma B, learned counsel for the petitioner and Smt.Waheeda M.M., learned counsel for the respondent No.1. 2. Petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure with the following prayer: “(a) Quash the charge sheet dated 05.12.2007 in Crime No.197/2007 for the offences punishable under Section 143, 147, 504, 332 r/w 149 of Indian Penal Code, 1860 in the file of III Judicial Magistrate First Class (Annexure-C); and (b) Quash the proceeding pending in C.C.No. 4002/2014 for the offences punishable under Section 143, 147, 504, 332 r/w 149 of Indian Penal Code, - 3 - HC-KAR CNR: KAHC010605112026 NC: 2026:KHC:49773 WP No. 28024 of 2026 1860 in the file of III Judicial Magistrate First Class (Annexure-D); and. (c) Quash the FIR dated 09.07.2007 bearing Crime No.197/2007 of Mangaluru Rural Police Station to the extent of the petitioner (Annexure-A)” 3. Petitioner is an accused who has absconded from the trial and therefore split up charge sheet came to be filed. 4. Petitioner, now apprehends that he would be arrested. Therefore, appeared before this Court seeking to quash the pending criminal proceedings, as the other accused persons in the same crime have been acquitted and State has not preferred any appeal. 5. Smt.Waheeda, learned High Court Government Pleader opposes the writ grounds. 6. Having heard the arguments of both sides, it is noticed that mere acquittal of the co-accused would not ipso facto make out a case for quashing the pending criminal case against the petitioner, especially having regard to the charges that are - 4 - HC-KAR CNR: KAHC010605112026 NC: 2026:KHC:49773 WP No. 28024 of 2026 levelled against the petitioner/accused in the split-up charge sheet. 7. However, at this stage, learned counsel for the petitioner would contend that the other accused were on bail during the course of trial and they have not jumped the bail. 8. Further, having regard to the nature of offences, if the petitioner surrenders, his bail application may be considered by the Trial Court both on the ground of parity and also taking note of the fact that the accused persons are acquitted for want of evidence placed on record by the prosecution and dispose of the same as early as possible. 9. As such, the following: ORDER i. Petition dismissed. ii. Petitioner is directed to appear before the Trial Court positively on 18th September 2026. iii. If the petitioner files an application for bail, the learned Trial Judge, taking note of the fact that the main case has ended in acquittal and also co- - 5 - HC-KAR CNR: KAHC010605112026 NC: 2026:KHC:49773 WP No. 28024 of 2026 accused persons were granted bail, may consider the bail application of the petitioner in a pragmatic manner, if possible on the same day and dispose of the same in accordance with law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 7 CT:VR