Criminal proceedings for unlawful assembly require satisfaction of statutory ingredients; mere assembly of persons without common object as specified in law, and when only police officials testify, the proceedings are liable to be quashed.

CRIMINAL PETITION NO. 4511 OF 2026

(482(Cr.Pc.) / 528(BNSS))

BETWEEN:

1. ASHRAF

S/O. JAINABI

AGED ABOUT 47 YEARS,

R/AT PADIL HOUSE

RAILWAY STATION ROAD

NEAR MASJID, PADIL,

PUTTUR D.K. DISTRICT 574 201.

2. ABDUL RAHIMAN A

S/O. USMAN

AGED ABOUT 38 YEARS,

R/AT NO.2-94, ANAJE HOUSE

PUTTUR, KUDIPADI POST

D.K.DISTRICT - 574 220

Digitally signed by SUNITHA K S

Location: HIGH COURT OF KARANTAKA

3. ZEENATH

W/O. FIROJ KHAN

AGED ABOUT 39 YEARS,

R/AT NO.11-111, GOODINABALI HOUSE,

B MOODA, BANTWAL

D.K DISTRICT - 574 219.

4. K FATHIMATH ZOORA

C/O. MAHAMMAD RAZAK

AGED ABOUT 32 YEARS,

R/AT NO.1-858, BANNURUKATTE HOUSE,

BANNURU VILLAGE AND POST

D.K DISTRICT - 574 203.

5. MONISH ALI AHMED

S/O. AHAMED KUNHI

AGED ABOUT 38 YEARS,

R/AT NO.9-231/C, MONISH MAHAL,

LOWER BAZAR, BANTWAL KASABA

D.K. DISTRICT - 574 211.

6. SIRAJUDDEN

S/O. ABBAS P

AGED ABOUT 41 YEARS,

R/AT NO.7/52, SHEK MANZIL

KOORNADKA MAREEL,

KEMMINJE

D.K. DISTRICT-574 202.

7. USMAN A.K

S/O. ALI KUNHI HAJI A.K

AGED ABOUT 37 YEARS,

R/AT NO.1-365/1, KOLACHAPPU HOUSE,

KEDILA VILLAGE,

PERAMOGERU POST, BANTWAL TALUK

KEDILA POST

D.K. DISTRICT - 574 325.

8. KOORNADKA PUTTUR YAHIYA

S/O. P.S HUSSAIN

AGED ABOUT 50 YEARS,

R/AT KORRNADKA HOUSE,

SANJAY NAGAR, OPP CAMPCO FACTORY,

DARBE POST, PUTTUR,

KEMMINJE

D.K. DISTRICT 574 202.

9. UMMAR K

S/O. SULAIMAN

AGED ABOUT 43 YEARS,

R/AT NO.1-363/1,

SAYYED MALE HOUSE,

CHIKKAMUDNUR VILLAGE AND POST,

CHIKKAMUDNOOR

D.K. DISTRICT - 574 203.

...PETITIONERS

(BY SRI. LETHIB B., ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY PUTTUR TOWN POLICE STATION,

D.K. DISTRICT.

REP. BY SPP, HIGH COURT BUILDING,

BANGALORE-560001.

...RESPONDENT

(BY SMT. SOWMYA R., HCGP)

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CC.NO.1408/2025 REGISTERED BY PUTTUR TOWN P.S., D.K. DISTRICT, WHICH IS PRODUCED AT ANNEXURE-A, PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE AND ACJM, PUTTUR, D.K., FOR THE OFFENCES P/U/S 189(1)(c),191(2),190,126(2) OF BNS.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court calling in question proceedings in C.C.No.1408/2025 registered for offences punishable under Sections 189(1), (c), 191(2), 190, 126(2) of BNS pending before the Principal Senior Civil Judge and ACJM, Puttur, Dakshina Kannada district.

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 Ka