Presence in an unlawful assembly does not establish liability unless a common object is proven; absence of such evidence resulted in quashing of proceedings.

ORDER :

1. In this Petition, Petitioners seek the following relief:

"WHEREFORE, it is prayed that this Hon'ble Court be pleased to quash the proceedings in SC No.200/2023 (Crime No.132/2019) Mangalore North Police Station), pending on the file of VI Additional District & Sessions Judge, D.K. Mangalore, for offences punishable u/s 143, 147, 148, 341, 505, 506, 427, 353, 332, 307, (12)(B), 109 r/w 149 of IPC and 2(A), 2(B) of Prevention of Destruction & Loss of Property Act, in the interest of justice."

2. Heard learned counsel for the Petitioners and learned HCGP for Respondents and perused the material on record.

3. A perusal of the material on record will indicate that the Respondent instituted the impugned proceedings which are now pending in S.C.No.200/2023 before the VI Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, for the offences p/u/s 143, 147, 148, 341, 505, 506, 427, 353, 332, 307, (12)(B), 109 r/w 149 of IPC and 2(A), 2(B) of Prevention of Destruction & Loss of Property Act, 1981. In the said proceedings, Petitioners are arraigned as Accused Nos.9, 10, 11, 12, 29, and 60.

4. This Court on the last date of hearing, i.e., on 30.08.2024, recorded submission made by the learned counsel Petitioners that the issue in the present lis is covered by a Coordinate Bench judgment of this Court in Crl. Pet. No. 4902/2023 between Athaulla Jokatte and Others Vs. The State of Karnataka and Another disposed of on 19.06.2023 wherein the principles laid down by the Apex Court in the case of Charan Singh and Others vs. State of Uttar Pradesh , (2004) 4 SCC 205 was followed by this Court. In response, the submission made by the learned Additional SPP was also recorded by this Court as hereunder:

"Learned Additional State Public Prosecutor submits that the issue in the lis is covered by the judgment of the Apex Court relied by the learned counsel for the petitioners.

List this matter after two weeks."

5. In addition thereto, in Athaulla Jokatte and Others Vs. The State of Karnataka and Another , a Coordinate Bench of this Court has held as under:

"The petitioners are before this Court calling in question the proceedings in Criminal Case No.1131 of 2020 pending on the file of the II Judicial Magistrate First Class Court, Mangaluru, registered for the offences punishable under Sections 143 , 147, 148, 427, 336, 120B, 109 read with Section 149 of the INDIAN PENAL CODE , 1860, and Section 2 (A) of the Karnataka Prevention of Destruction and Loss of Property Act, 1981.

2. Heard Sri Lethif B., learned counsel appearing for the petitioners, and Smt. K.P. Yashoda, learned HighCourt Government Pleader appearing for respondent No.1.

3. Learned counsel appearing for the petitioners submits that the issue in the lis stands covered by the judgment rendered by this Court in Criminal Petition No.6763 of 2020 disposed of on 11-3-2022. This Court following the earlier judgment rendered by a Co-ordinate Bench of this Court has held as follows:

"2. The issue in the petition is akin to what is decided in Crl.P.No.3916/2018 disposed on 17.02.2020, wherein this Court has examined the identical facts and offences alleged against the petitioners therein. While so examining, this Court has held as follows:

“4. The gist of the complaint is that on 23.05.2017 at about 11.30 a.m., received a credible information that a group of people gathered on Queen’s Road shouting slogans against the government. Immediately, he went to the spot and found that 50 young men assembled illegally and disturbed the public and vehicles without prior permission from the station. On enquiry he found that they are the members of Campus Front of India Karnataka and protesting against interference religious and personal freedoms by imposing dress code in ‘AIIMS Exam’ which i