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2026 DAILYLAW 39963 (KAR)

MR. JAFAR SADIK @ JAFAR v. STATE OF KARNATAKA,

CRL.P/1400/2026 · 2026-09-10

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010066772026 NC: 2026:KHC:49413 CRL.P No. 1400 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 1400 OF 2026 (482(Cr.PC) / 528(BNSS) BETWEEN: MR. JAFAR SADIK @ JAFAR, S/O. ABBAS MUSLIYAR, AGED ABOUT 37 YEARS, R/AT. D.NO. 20-3-1, P.S. MANZIL, AKKAREKERE, ULLAL, MANGALURU - 575 020 (ACCUSED NO.03 IN MAIN CASE) …PETITIONER (BY SRI. RENSPRE PRITHESH DSOUZA., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ULLAL P.S. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. MR. ABDUL NAZEER, AGED ABOUT 57 YEARS, R/AT D. NO. 13-44, NEAR MADANI JUNIOR COLLEGE, ALIKALA, ULLALA VILLAGE, MANGALURU TALUK - 575 020. …RESPONDENTS (BY SRI. NAGARISH, G.S. HCGP FOR R1) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010066772026 NC: 2026:KHC:49413 CRL.P No. 1400 of 2026 THIS CRIMINAL PETITON IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2723/2022 PENDING ON THE FILE OF THE HON'BLE J.M.F.C VII COURT AT MANGALORE FOR THE OFFENCE P/U/S 448,506,324,307,109 R/W 34 OF IPC ARISING OUT OF CR.NO.366/2016 OF ULLAL P.S AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioners and learned High Court Government Pleader for respondent No.1. 2. This petition is filed to quash the proceedings in CC.No.2723/2022, pending before JMFC VII Court, Mangalore for the offences punishable under Section 448, 506, 324, 307, 109 read with Section 34 of Indian Penal Code, 1860. The proceeding is arising from Crime No.366/2016, registered before Ullal Police Station. - 3 - HC-KAR CNR: KAHC010066772026 NC: 2026:KHC:49413 CRL.P No. 1400 of 2026 3. Learned counsel for the petitioner would submit that the trial against the co-accused has ended in acquittal. The witnesses examined on behalf of the prosecution have turned hostile and not supported the case of the prosecution. Thus, would submit that the trial against the petitioner would be a futile exercise. 4. Learned High Court Government Pleader, would oppose the petition on the ground that the petitioner has been absconding all these years and because of this, the charge sheet was split and separate trial was held for other accused. Thus, it is the contention that the petitioner is not entitled to any indulgence. 5. The Court has considered the contentions raised at the bar and perused the records. 6. In the statement which is recorded before the Trial Court, the witnesses examined on behalf of the prosecution have allegedly not supported the case of the prosecution. It is to be noticed that, in that case where - 4 - HC-KAR CNR: KAHC010066772026 NC: 2026:KHC:49413 CRL.P No. 1400 of 2026 separate trial was held, the petitioner was not tried. What would be the statement of the witnesses as against the petitioner is not yet known. 5. Under these circumstances, the petitioner who has been absconding all these years is not entitled to indulgence in this exclusive jurisdiction under Section 482 of the Code of Criminal Procedure, 1973. Accordingly, the petition is dismissed. It is made clear that nothing is expressed on the merits of the case. Sd/- (ANANT RAMANATH HEGDE) JUDGE PK List No.: 1 Sl No.: 13