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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Abdul Hafeez S/o M.A. Masood – Appellant
Versus
State – Respondent
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
Presence in an unlawful assembly does not establish liability unless a common object is proven; absence of such evidence resulted in quashing of proceedings.
Mere presence in an unlawful assembly does not impose liability without evidence of common intent; the right to protest must be safeguarded unless proven harmful.
The court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.
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