IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13541 OF 2023 (482(Cr.PC) / 528(BNSS))

BETWEEN:

1. MOHAMMED HIFAZ S/O. ABDUL HAMEED, AGED: 25 YEARS, R/AT: NO 8-13-954/1, KARBALA ROAD, OPP TO MAJIA MASJID, KUDROLI, MANGALORE, D K DISTRICT- 575 003.

2. MOHAMMED JALEEL SAFWAN S/O. AHMED BAVA, AGED 30 YARS, R/AT N 10-325, HAJI ABBAS COMPUND KASAI GALLIR OAD, BUNDER, MANGALORE, DK DSIT – 575 001.

3. ABUBABAKAR S/O. SHAIK MOHIDDIN IBRAHIM, AGED ABOUT 38 YEARS, VISHAL R/AT NO 11-8-77/3, NINGAPPA PATTIHAL STEEL CENTRE COMPOUND, Digitaly signed by VISHAL NINGAPPA PATTIHAL BABI ALABI ROAD, HAAPANKATTE, Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:37 +0530 BUNDER, MANGALORE, D K DISTRICT – 575 001.

4. MOHAMMED NOUSHIM S/O. ABUSALI, AGED 30 YEARS, R/AT NO 8-14-1275, MONAKA COMPUND, KUDROLOI, MANGALORE, D K DISTRICT – 575 003.

5. G MOHAMMED SHAREEF @ KUNTA SHAREEF S/O. LATE B ABDULLA, AGED 54 YEARS, R/AT 2-166, GOLIMAR HOUSE, GANADA BETTU, KANNUR, MANGALORE, D K DISTR – 575 007.

6. MOHAMMED RIMAZ S/O. AHAMED BAVA, AGED 28 YEARS, RA/T 10-5-186, VAIBAVA COMPOUND, BIBI HALABI ROAD, BUNDFER, D K DIST – 575 001 …PETITIONERS (BY SRI. LETHIF B., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, BY MANGALORE SOUTH POLICE STATION, D K DIST, REP BY SPP, HIGH COURT BUILDNG, BANGALORE – 560 001.

2. SRI. RAMESH BHAT K., AGED 54 YEARS CHIEF MANGER, SBI, MAIN BRANCH, AGED 52 YERS, R/AT: PORT ROAD, MANGALORE CITY – 575 001.

…RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR RESPONDENT/STATE)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.1131/2020 (CR.NO.247/2019) OF MANGALURU SOUTH POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 427, 336, 120-B, 109 R/W SECTION 149 OF IPC AND SEC.2(A) OF KPDLP ACT ON THE FILE OF II JMFC COURT, MANGALURU WHICH IS PRODUCED AT ANNEXURE - A IN THE ABOVE CASE, IN THE INTEREST OF JUSTICE.

THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

Petitioners are before this Court seeking the following prayer.

“Wherefore, the petitioner prays that this Hon’ble Court be pleased to quash the entire proceedings against the petitioner in C.C. No.1131/2020 (Crime No.247/2019) of Mangaluru South Police Station for the offence punishable under Sections 143, 147, 148, 427, 336, 120B, 109 read with Section 109 of IPC and Section 2(a) of KPDLP Act on the file of II JMFC Court, Mangalore, which is produced at Annexure – A, in the above case, in the interest of justice.”

2. Learned counsel for the petitioner submits that qua the co-accused, this Court has passed the following order:

“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 Sri. M.R. Patil, learned High Court 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