Karnataka High Court
Mohammad Safwan P (As Per Adhaar) vs State Of Karnataka on 4 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:36265
CRL.P No. 6250 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6250 OF 2024
BETWEEN:
MOHAMMAD SAFWAN P (AS PER ADHAAR)
MENTIONED AS MOHAMMAD SAFWAN P
@ SAFWAN JOKETTE IN THE CHARGESHEET
S/O MOHAMMAD PODIYA
AGED ABOUT 30 YEARS
R/AT KONCHARU BAJPE VILLAGE
MANGALORE - 574 142
S/O MOHAMMAD PODIYA
AGED ABOUT 30 YEARS
R/AT 5-119/1 BADRIYA NAGARA
KONCHAR BAJPE, D.K. DISTRICT - 574 142.
...PETITIONER
(BY SRI NISHIT KUMAR SHETTY, ADV.)
AND:
1. STATE OF KARNATAKA
Digitally
signed by BY INSPECTOR OF POLICE
NANDINI
MS BAJPE POLICE STATION
Location: REP BY STATE PUBLIC PROSECUTOR
High Court
of Karnataka HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
2. KAMALAKAR R NAIK
AGED ABOUT 59 YEARS
POLICE INSPECTOR OF BAJPE POLICE
STATION, MANGALORE CITY
D.K. DISTRICT - 575 001.
...RESPONDENTS
(BY SRI K. NAGESHWARAPPA, HCGP)
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NC: 2024:KHC:36265
CRL.P No. 6250 of 2024
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN
C.C.NO.195/2023 (CR.NO.92/2020 OF BAJPE POLICE STATION) FOR
THE OFFENCE P/US/ 399,402 OF IPC PENDING ON THE FIEL OF JMFC
VI COURT, MANGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.4 is before this Court under Section 482 of
Cr.P.C. with a prayer to quash the entire proceedings as
against him in C.C.No.195/2023 pending on the file of JMFC VI
Court Mangaluru, arising out of Crime No.92/2020 registered
by Bajpe Police Station, D.K. District, Mangaluru City, for the
offences punishable under Sections 399 and 402 of IPC.
2. Heard the learned counsel for the parties.
3. Learned Counsel for the petitioner submits that the
charge sheet was filed in Crime No.92/2020 against seven
persons for the offences punishable under Sections 399 and
402 of IPC. Accused nos.1 to 3, 5 & 7 were tried for the
aforesaid offences before the Court of I Additional District and
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Sessions Judge, D. K., Mangaluru in SC No.114/2023 and they
have been acquitted of the aforesaid offences by judgment and
order of acquittal dated 17.01.2024. Case as against accused
nos.4 & 6 was split up and the same is pending in CC
No.195/2023. He submits that the proceedings in respect of
accused no.6 as against whom similar allegations are found in
the charge sheet has been quashed by this Court in
Crl.P.No.2191/2024 disposed of on 19.04.2024. He submits
that continuation of the impugned proceedings as against the
petitioner would be futile since other accused against whom
similar allegations are found in the charge sheet have been
already acquitted by the Trial Court in SC No.114/2023.
4. Learned HCGP has opposed the petition. However, he
does not dispute that the judgment and order of acquittal
passed by the Trial Court in SC No.114/2023 has attained
finality.
5. The material on record would go to show that allegations
made against all the accused in the charge sheet is identical.
Accused Nos.1 to 3, 5 and 7 were tried for the charge sheeted
offences before the Court of I Additional District and Sessions
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Judge, Mangaluru in SC No.114/2023 and by judgment and
order of acquittal dated 17.01.2024, they have been acquitted
for the aforesaid offences. Undisputedly, the said judgment and
order of acquittal passed by the Trial Court in SC No.114/2023
as against accused Nos.1 to 3, 5 and 7 has attained finality. In
paragraph No.22 of the judgment in S.C.No.114/2023, the Trial
Court has observed as follows:-
"22. In the absence of cogent evidence with
regard to presence of the accused in the place of
incident and the recovery of deadly weapons from
their possession, accused cannot be held guilty for
the alleged offences. In the absence of reliable
evidence, the evidence of PW.2 to PW.4 in the
considered opinion of this court is not sufficient to
prove the accusation. Taking into consideration of all
these aspects. it is evident that, the prosecution has
miserably failed to prove that, the accused were
assembled and attempted to commit robbery on
30.6.2020 at 6.30 a.m. in the morning within the
jurisdiction of Bajpe police station, by holding deadly
weapons like talwars, nylon ropes, and chilly powder
in Oddidakala of Bajpe Village. Under such
circumstances, looking to these facts and
circumstances of the case in hand, I am constrained
to answer the points No.1 and 2 under consideration
in the negative."
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6. Insofar as the petitioner herein and accused no.6 are
concerned, a split-up case was registered against them in CC
No.195/2023 and it is not in dispute that the proceedings as
against accused no.6 has been quashed by this Court in
Crl.P.No.2191/2024 disposed of on 19.04.2024. It is also not in
dispute that the allegation as against the petitioner and other
accused, who were tried for the alleged offences in SC
No.114/2023 are similar. Since accused who were tried in SC
No.114/2023 have been acquitted for the alleged offences,
continuation of the impugned proceedings against the petitioner
would not only be a futile exercise but it would also amount to
waste of precious time of the Court. Under the circumstances, I
am of the opinion that the prayer made by the petitioner in the
present petition requires to be granted. Accordingly, the
following order:-
7 Criminal Petition is allowed. The entire proceedings in
C.C.No.195/2023 pending on the file of JMFC VI Court
Mangaluru, arising out of Crime No.92/2020 registered by
Bajpe Police Station, D.K. District, Mangaluru City, for the
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offences punishable under Sections 399 and 402 of IPC, as
against the petitioner herein is quashed.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
KK
