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2025 DIGILAW 1495 (KAR)

Eashan Shetty, S/o. Sathish Shetty v. State, Represented By The Station House Officer, Shiravapolice Station, Represented By, The State Public Prosecutor

2025-12-01

MOHAMMAD NAWAZ

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ORDER : MOHAMMAD NAWAZ, J. In all these petitions, petitioners are one and the same. They are the children in conflict with law (CCL) against whom cases are registered at different police stations. 2. Petitions are filed seeking to quash the FIR and the consequent proceedings pending against the petitioners. 3. Heard learned counsel for the petitioners, learned HCGP for the State and perused the material on record. In CRL.P No. 10064/2025 4. The allegations are that between 08.02.2025 and 09.02.2025 from 10.00 p.m. to 06.00 a.m., the petitioners have committed theft of a two wheeler bearing registration No.KA20-HC- 1654 belonging to the first informant, which was parked in front of one Asha complex, Bantkal of Shirva Village of Kaup Taluk. 5. The FIR came to be registered against unknown culprits in Crime No.10/2025 by Shirva Police Station , Kapu Circle, Udupi. In the course of investigation, both the petitioners were apprehended and their voluntary statements were recorded. The two wheeler which was stolen in the case, was recovered on 13.02.2025 and subjected to PF No.31/2025. 6. On a careful perusal of the material on record, it goes to show that, it was at the instance of CCL1/Petitioner No.1, the two wheeler in question was recovered from a place called Sadambailu Padubelle , Kapu thaluk. Even though in the voluntary statement, both the petitioners are alleged to have confessed to the crime, however, as per mahazar, the two wheeler was seized from Petitioner No.1/CCL1. The voluntary statement cannot be accepted as substantial evidence and on that basis, it cannot be said that even CCL2 has committed theft of the two wheeler. Admittedly, the FIR was registered against unknown persons. As per the mahazar, the two wheeler in question was recovered at the instance of CCL1/petitioner No.1 by name Eashan Shetty. Hence, the proceedings against CCL2/petitioner no.2, is unsustainable and cannot be allowed to be proceeded with. 7. Accordingly the petition is partly allowed. 8. Proceedings in so far as CCL1/Petitioner No. 1 shall be continued. 9. Proceeding in so far as CCL2/petitioner No.2 is concerned, is liable to be quashed. 10. The FIR and charge sheet in JC No.15/2025 arising out of Crime No.10/2025 of Shirva police station, Kapu Taluk pending before the Juvenile Justice Board, Udupi and III Additional Civil Judge and ACJM, Udupi are quashed in so far as CCL2/petitioner No.2, is concerned. 11. Proceeding in so far as CCL2/petitioner No.2 is concerned, is liable to be quashed. 10. The FIR and charge sheet in JC No.15/2025 arising out of Crime No.10/2025 of Shirva police station, Kapu Taluk pending before the Juvenile Justice Board, Udupi and III Additional Civil Judge and ACJM, Udupi are quashed in so far as CCL2/petitioner No.2, is concerned. 11. I.A.Nos.1/2025 and 2/2025 are disposed of. In CRL.P No. 10038/2025 12. The complaint is lodged by one Nithin Kumar on 19.02.2025., on the basis of which a case in Crime No.21/2025 of Kundapura Police Station, Udupi, was registered for the offence punishable under Sections 331(4), and 62 of the BNS 2023. 13. It is alleged that on 18.02.2025 at about 10.30 p.m., the first informant along with one Nagendra after locking ‘Sai Dream Car Showroom’ situated at Beejadi Village in Kundapur Thaluk, returned to the house. At about 02.02 a.m., on 19.02.2025, Nagendra while checking the video in his mobile phone of the CCTV cameras installed in the shop, noticed someone moving in a suspicious manner near the showroom. Immediately at about 02.12 a.m., both of them came near the showroom and saw CCL1 and CCL2 trying to break open the showroom using an iron rod and hammer. 14. FIR is registered specifically naming the petitioners. In the complaint itself, the first informant has named the petitioners as the persons who were trying to break open the lock and attempting to commit robbery. After the petitioners were apprehended, from their possession, a two wheeler, hammer, broken rod etc., were recovered. Hence, there is a prima facie case against the petitioners and therefore, the proceedings pending against them in JC No.17/2025 before the Juvenile Justice Board, Udupi and I ADDL. Civil Judge (Jr. Dn) and ACJM, Udupi (arising out of Crime No.21/2025) cannot be quashed. 15. The criminal petition is dismissed. 16. I.A.Nos.1/2025 and 2/2025 are disposed of. In CRL.P No.10167/2025 17. A case in Crime No.37/2025 was registered at Manipal Police Station, Udupi, on a suo-motu complaint, lodged by the PSI of the said police station. Petitioners are CCL1 and CCL2 respectively. The case is registered against one Kiran and 4 others. In the FIR, petitioners are shown as accused Nos.4 and 5. 18. The proceeding pending before the II Addl. A case in Crime No.37/2025 was registered at Manipal Police Station, Udupi, on a suo-motu complaint, lodged by the PSI of the said police station. Petitioners are CCL1 and CCL2 respectively. The case is registered against one Kiran and 4 others. In the FIR, petitioners are shown as accused Nos.4 and 5. 18. The proceeding pending before the II Addl. Senior Civil Judge and ACJM, Udupi and Juvenile Court, Udupi District in J.C. No.23/2025 is sought to be quashed in this petition. 19. It is alleged that on 08.03.2025 at about 10.30 p.m., the accused were found abusing and assaulting each other and causing nuisance in a public place near Perampalli Church , Shivalli Village of Udupi Taluk. The first informant the PSI, is said to have proceeded to the spot and intervened. As per the FIR, the quarrel ensued over a dispute regarding the car hire charges. The FIR averments do not reveal as to, what is the exact role played by these petitioners. Vague allegations are made that all the accused were quarreling with each other etc. On the basis of such vague and omnibus allegations, criminal proceedings cannot be allowed to continue. There is no sufficient material against the petitioners and therefore, the petition deserves to be allowed. 20. The criminal petition is allowed. 21. Accordingly, the entire proceedings as against the petitioners/CCL1 and CCL2 in JC No.23/2025 arising out of Crime No.37/2025 registered by Manipal Police Station, Udupi, pending on the file of the II Addl. Senior Civil Judge and ACJM, Udupi and Juvenile Court, Udupi District are quashed. 22. I.A.Nos.1/2025 is disposed of. In CRL.P No. 10332/2025 23. The proceedings initiated against the petitioners in J.C.No.18/2025, arising out of Crime No.20/2025 registered by Kundapura police station for the offence punishable under Section 303 (2) of the BNS 2023, pending before the court of I Addl. Civil Judge (Jr.Dn) and JMFC, Kundapur, Udupi district are sought to be quashed in this petition. 24. The above case is registered on a complaint lodged by one Ganesha, son of late Shyamraj, against unknown culprits. It is alleged that between 10.00 p.m. and 06.00 a.m., on the night intervening 18.02.2025 and 19.02.2025, someone has committed theft of complainant's two wheeler, Honda Dio Scooty bearing Reg.No.KA-20-EC-4314 25. In the course of investigation, petitioners were apprehended and the two wheeler was recovered at their instance. It is alleged that between 10.00 p.m. and 06.00 a.m., on the night intervening 18.02.2025 and 19.02.2025, someone has committed theft of complainant's two wheeler, Honda Dio Scooty bearing Reg.No.KA-20-EC-4314 25. In the course of investigation, petitioners were apprehended and the two wheeler was recovered at their instance. It is relevant to note that the petitioners, after committing theft of the scooty were attempting to commit robbery of the showroom, subject matter in Crl.P.No.10038/2025. The scooty was recovered from the petitioners. 26. At this stage, there is a prima facie case against the petitioners. Hence, the proceedings cannot be quashed. 27. Accordingly, the petition is dismissed. 28. The court conducting proceedings in the above cases is directed to ensure early disposal of the cases. 29. I.A.Nos.1/2025 and 2/2025 are disposed of.