ABDUL JALEEL @ YASEEN ARKULA vs THE STATE OF KARNATAKA

- 1 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 17 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

CRIMINAL PETITION NO. 3027 OF 2024


BETWEEN:

1. ABDUL JALEEL @ YASEEN ARKULA,
S/O. LATE ABDUL RAZAK,
AGED ABOUT 42 YEARS,
R/AT: NO.3-91,
VALCHIL, ARKULA,
FARNGIPET, MANGALURU,
D.K. DISTRICT-574 143.

2. SHAMSUDDIN,
S/O. ABDUL RAZAK,
AGED ABOUT 41 YEARS,
R/AT NO.2-245,
BOLLARI THUMBE,
FARANGIPET, BANTWAL,
D.K. DISTRICT-574 143.

3.
SHUHAIB SINAN
S/O. MOHAMMED SHAFI,
AGED ABOUT 21 YEARS,
R/AT NO.2-440,
MADAKA HOUSE,
THUMBE VILLAGE,
PUDU, FARANGIPET,
BANTWAL, D.K. DISTRICT-574 143.












Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

- 2 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



4. MOHAMMAD NAZEEM,
S/O. MOHAMMAD SHAFI,
AGED ABOUT 24 YEARS,
R/AT NO.2-440,
MADAKA HOUSE,
THUMBE VILLAGE,
PUDU, FARANGIPET,
BANTWAL, D.K. DISTRICT-574 143.

5. HAMMAD MUSHTAQ,
S/O. B. HAMEED,
AGED ABOUT 41 YEARS,
R/AT NO.1-141 (3),
KUNDALA HOUSE,
KANNUR, MANGALORE,
D.K. DISTRICT-575 007.

6. MOHAMMAD RASHEED,
S/O. D.UMMARABBA,
AGED ABOUT 38 YEARS,
R/AT NO.2-74 (2),
AYSHA MANZIL,
FATHIMA COMPUOND,
DAYAMBU, KANNUR,
MANGALORE, D.K. DISTRICT-575 007.

7. MANSOOR,
S/O. HASAN KUNHI,
AGED ABOUT 41 YEARS,
R/AT NO.3-127/6,
VALACHIL HOUSE,
ARAKULA, FARANGIPET,
D.K. DISTRICT-574 143.

- 3 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



8. MOHAMMED IQBAL,
S/O. BASHEER,
AGED ABOUT 31 YEARS,
R/AT NO.4-23/1,
BAJAL NANTHOOR,
FAIZAL NAGAR, BAJAL,
MANGALORE, D.K. DISTRICT-575 007.

9. SALEEM,
S/O. MOHAMMAD S.M.,
AGED ABOUT 40 YEARS,
R/AT NO.4-231,
VALACHIL PADAVU FARANGIPET POST,
NEAR SRINIVAS COLLEGE,
ARKULLA, D.K. DISTRICT-574 143.

10. MANSOOR YUSUF MOHAMMED,
S/O. MAHAMMED,
AGED ABOUT 42 YAERS,
R/AT NO.5-49-1,
AMEMAR HOUSE,
MANSOOR MANZIL,
FARANGIPET, BANTWAL,
D.K. DISTRICT-574 143.

11. MUHAMMAD ASHRAF,
S/O. MAHAMMAD,
AGED ABOUT 36 YEARS,
R/AT NO.5-149 (32) C,
AMMEMAR HOUSE,
PUDU VILLAGE,
FARANGIPET POST,
BANTWAL, D.K. DISTRICT-574 143.

- 4 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



12. ZAKEER HUSAIN,
S/O. ABDUL HAMEED,
AGED ABOUT 32 YEARS,
R/AT NO.4-302,
VALCHIL PADAV HOUSE,
ARKULA, MANGALORE,
D.K. DISTRICT-574 143.

13. MOHAMMAD SINAN,
S/O. SHAREEF,
AGED ABOUT 23 YEARS,
R/AT NO.4-288/1,
VALCHIL PADAV HOUSE, ARKULA,
FARANGIPET, MANGALORE,
D.K. DISTRICT-574 143.

14. MAJEED,
S/O. ISMAIL,
AGED ABOUT 41 YEARS,
R/AT NO.1-17,
VALCHIL HOUSE, ADYAR VILLAGE,
KANNUR, MANGALORE,
D.K. DISTRICT-575 007.

15. NOUSHAD ABDUL KHADER,
S/O. SULAIMAN,
AGED ABOUT 42 YEARS,
R/AT NO.5-117-IE,
AMEMMAR HOUSE,
PUDU VILLAGE, BANTWAL,
D.K. DISTRICT-574 143.

16. MAHAMMED SAFEEQ,
AGED ABOUT 31 YEARS,
R/AT NO.1-95/1,

- 5 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



BADRIYA NAGAR,
MALLURU, D.K. DISTRICT-575 029.

17. MAHAMMED FAIJAL,
AGED ABOUT 31 YEARS,
R/AT NO.1-88,
BADRIYA NAGAR,
MALLURU, D.K. DISTRICT-575 029.

18. JAMALUDDEEN,
S/O. BAVA,
AGED ABOUT 51 YEARS,
R/AT NO.6-188/8,
MEJAPE HOUSE, PUDU VILLAGE,
BANTWAL, FARANGIPET,
D.K. DISTRICT-574 143.

19. MOHAMMED JAHOOR,
S/O. GUDUNABALI MOHAMMAD IBRAHIM,
AGED ABOUT 44 YEARS,
R/AT NO.2-446,
NEAR MARUTHI BRICKS AND TILES,
THUMBY, BANTWAL, FARANGIPET,
D.K. DISTRICT-574 143.

20.
MOHAMMAD NAVAF,
S/O. ABOOBAKKAR,
AGED ABOUT 25 YEARS,
R/AT NO.5-48 (6),
AMEMMAR HOUSE,
PUDU VILLAGE,
BANTWAL, FARANGIPET,
D.K. DISTRICT-574 143.
…PETITIONERS
(BY SRI. LETHIF B., ADVOCATE)

- 6 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



AND:

1. THE STATE OF KARNATAKA
BY MANGALORE RURAL POLICE STATION,
D.K. DISTRICT,
REP. BY SPP,
HIGH COURT BUILDING,
BANGALORE-560 001.

2. MANJULA. P
POLICE SUB INSPECTOR,
MANGALURU RURAL PS,
VAMANJOOR,
MANGALURU CITY,
D.K. DISTRICT-575 028.
…RESPONDENTS
(BY SRI.MAHESHA P., HCGP FOR R-1;
R-2 NOTICE SD BUT UNREPRESENTED)



THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER
IN C.C.NO.388/2023, FOR THE OFFENCE P/U/S 143, 147, 341,
353, 290 R/W 149 OF IPC OF MANGALORE RURAL POLICE
STATION, PENDING ON THE FILE OF JMFC III COURT,
MANGALORE, WHICH IS PRODUCED AT ANNEXURE-A, IN THE
ABOVE CASE.


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

- 7 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This petition is filed under Section 482 of Cr.P.C. to quash
the proceedings in CC No.388/2023, arising out of Crime
No.27/2022 dated 13.04.2022, filed by the Mangalore Rural
Police Station, Mangaluru, against the petitioners for the
offences punishable under Sections 143, 147, 341, 353, 290
r/w 149 of IPC, currently pending on the file of JMFC - III Court
Mangaluru.

2. The brief facts of the case are that respondent No.2
lodged a complaint on 13.04.2022 alleging that she was
working as a Police Sub-Inspector at Mangaluru Rural Police
Station. On 13.04.2022, the Hon’ble the then Chief Minister of
the State of Karnataka was scheduled to visit Dakshina
Kannada District to attend a programme at Bantara Bhavana,
Bantwal. In that regard, the complainant and one Vishwanath
were deputed by their superior officers for security
arrangements. Accordingly, at about 6:30 a.m. on the said day,
the complainant was discharging Bandobasth duty near Valachil
Junction. It is further alleged that, at about 10:10 a.m., when

- 8 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



the convoy vehicle of the Hon’ble Chief Minister reached
Valachil Junction, about 15 to 20 persons formed an unlawful
assembly and came from the direction of Darga Sharif, Valachil
Road, carrying SDPI flags and black flags in their hands. They
were allegedly raising slogans demanding the resignation of the
then Minister, Sri.K.S.Eshwarappa, in connection with the death
of one Santosh Patil on 12.04.2022. It is further alleged that
the petitioners, who were among the said gathering, proceeded
towards the vehicle of the Hon’ble Chief Minister while raising
slogans and obstructed the movement of the convoy. Hence,
respondent No.2 lodged a complaint against the petitioners,
who are stated to be leaders of the SDPI. Based on the said
complaint, respondent No.1-Police registered an FIR against the
petitioners for the offences punishable under Sections 143,
147, 341 and 290 r/w 149 of IPC. Subsequently, respondent
No.1-Police conducted investigation and filed the charge sheet
against the petitioners for the offences punishable under
Sections 143, 147, 341, 353 and 290 r/w 149 of IPC.
Accordingly, the learned Magistrate took cognizance of the
aforesaid offences. Being aggrieved by the same, the

- 9 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



petitioners have preferred the present petition seeking to quash
the proceedings.


3. Heard the learned counsel for the petitioners and learned
HCGP.

4. The primary contention of the learned counsel for the
petitioners is that, on perusal of the complaint and charge
sheet materials, no offences alleged against the petitioners are
made out. He submits that, even as per the allegations in the
charge sheet, the petitioners had merely attempted to obstruct
the movement of the convoy vehicle of the Hon’ble Chief
Minister and that there was no actual assault or use of criminal
force against any public servant with an intention to deter the
public servant from discharging his official duty. He further
submits that the allegations also do not disclose any act of
mischief committed by the petitioners. According to him, the
complaint and charge sheet merely indicate that the petitioners
allegedly attempted to stop the convoy vehicle, which, by itself,
would not attract the offences punishable under Sections 290
and 353 of the IPC. In the absence of any ingredients
constituting the alleged offences, continuation of the

- 10 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



proceedings against the petitioners would amount to an abuse
of the process of law. Accordingly, he prays to allow the
petition.

5. The learned HCGP has opposed the petition contending
that the investigation has been completed and the charge sheet
has been filed. He submits that the statements of the material
witnesses, including the eyewitnesses, prima facie disclose the
involvement of the petitioners in the alleged offences.
Therefore, the veracity of the allegations and the role attributed
to the petitioners are matters to be examined during trial and
cannot be adjudicated in the present proceedings. Accordingly,

he prays to dismiss the petition.

6. I have given my anxious consideration both on the
submission and perused the charge sheet materials.
7. As could be gathered from the complaint averments,
initially, the FIR was registered on the basis of the suo-moto
complaint lodged by respondent No.2 for the offences
punishable under Sections 143, 147, 341 and 290 r/w 149 of
IPC. The specific allegation in the complaint is that the
petitioners had staged a protest by demanding the resignation

- 11 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



of one of the Minister of the State, on the roadside at a place
called Valachil. A perusal of the charge-sheet material does not
disclose that the petitioners had either obstructed the convoy
vehicle of the Chief Minister or made any attempt to use
criminal force to deter a public servant from discharging his
official duties. There is also no specific allegation attributing
any act of mischief to the petitioners. Even if the entire
allegations in the charge sheet are taken at their face value,
the materials would, at best, indicate an attempt on the part of
the petitioners to stage a protest, and admittedly, no overt act
constituting the alleged offences is established from the
charge-sheet material.

8. Further, the contention of the learned counsel for the
petitioners that the right to conduct a peaceful protest is a
Constitutional right guaranteed under Article 19 of the
Constitution of India merits consideration. Such a right cannot
be curtailed by initiating criminal proceedings on the basis of
frivolous allegations. Even the statements of the material
witnesses, including the eyewitnesses, disclose that the
petitioners had merely attempted to stage a protest by

- 12 -
HC-KAR
NC: 2026:KHC:59324
CRL.P No. 3027 of 2024


CNR: KAHC010186502024



standing on the roadside and displaying the flags of their
organization, such an act, by itself, would not constitute the
offences punishable under Sections 353, 290 or the other
provisions of the IPC invoked against them. In the aforesaid
circumstances, permitting the criminal proceedings to continue
against the petitioners, in the absence of the necessary
ingredients constituting the alleged offences, would amount to
an abuse of the process of Court. Accordingly, I proceed to
pass the following:
ORDER
allowed
i. The criminal petition is .

ii. The proceedings against petitioners/accused
Nos.1 to 20 in C.C.No.388/2023, arising out of
Crime No.27/2022 dated 13.04.2022, filed by
the Mangalore Rural Police Station, Mangaluru,
for the offences punishable under Sections 143,
147, 341, 353, 290 r/w 149 of IPC, are hereby
quashed.

SD/-
(RAJESH RAI K)
JUDGE


GPG/List No.: 1 Sl No.: 24