- 1 - HC-KAR NC: 2025:KHC-K:3012 CRL.P No. 200737 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 200737 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHARANU BELUR @ SHARANABASAPPA S/O SRIMANTH KARIGAR, AGE:38 YEARS, OCC: BUSINESS, R/O. H.NO.46, BELUR VILLAGE, TQ. AND DIST. KALABURAGI-585101, NOW R/AT. KALABURAGI. …PETITIONER (BY SRI AVINASH A. UPLAONKAR, ADVOCATE) AND: THE STATE THROUGH KAMALAPUR POLICE STATION, DIST. KALABURAGI, NOW REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI VEERANAGOUDA M. MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, PRAYING TO, EXERCISE INHERENT POWER U/SEC 528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN C.C NO.10112/2024 (CRIME NO.05/2024 OF KAMALAPUR POLICE STATION DIST. KALABURAGI) FOR THE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3012 CRL.P No. 200737 of 2025 OFFENCE PUNISHABLE UNDER SECTION 420, 120(B), OF IPC AND SEC 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE I ADDL. CIVIL JUDGE AND JMFC COURT AT KALABURAGI AGAINST THE PETITIONER/ ACCUSED NO. 4. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) 1. Heard Sri. Avinash A. Uplaonkar, learned counsel for the petitioner and Sri. Veeranagouda M. Patil, learned HCGP for the respondent. 2. The present petitioner is having a shop in Narogunj Kalaburagi dealing in groceries. In respect of Crime No.5/2024, the present petitioner is arraigned as accused No.4. The only material that the investigation agency is having as against the present petitioner is the statement given by the co-accused in respect of the same crime. 3. It is found from the records that, the co-accused persons after seizure of the rice meant for public distribution system, have taken out the name of the present petitioners - 3 - HC-KAR NC: 2025:KHC-K:3012 CRL.P No. 200737 of 2025 stating that the seized rice was stored for the purpose of selling it to the present petitioner. 4. No other material is forthcoming on record to hook the present petitioner as an accused in the case on hand. 5. It is settled principles of law that, the statements of co-accused without independent material collected by the investigation agency and corroborated substances would not be sufficient to arraign a particular person as an accused in a criminal case. 6. Accordingly, the case is made out for exercise of the power under Section 482 of Cr.P.C., to quash the pending criminal proceeding against the petitioner. Hence, the following order: ORDER (i) The petition is allowed; (ii) Pending Criminal Petition as against the petitioner is hereby quashed, however, it is made - 4 - HC-KAR NC: 2025:KHC-K:3012 CRL.P No. 200737 of 2025 clear that, this Court has not expressed any opinion in respect of the merits of the case, insofar as the remaining accused persons are concerned, and this order shall not be treated as priority for the other accused persons are concerned. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 47 CT:PK