- 1 - NC: 2025:KHC:15665 CRL.P No. 936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 936 OF 2025 BETWEEN: GOPAL, S/O NARASEGOWDA, AGED ABOUT 60 YEARS, OWNER OF S L N WINE SHOP, T B CIRCLE, NAGAMANGALA TOWN, R/AT NO.340, KOTEBETTA ROAD, T B BADAVANE, NAGAMANGALA TOWN, MANDYA DISTRICT, KARNATAKA-571432. …PETITIONER (BY SRI K R NAGARAJA, ADVOCATE) AND: STATE BY NAGAMANGALA TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SRI M R PATIL, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN RESPECT OF PETITIONER IN C.C.NO.55/2020 IN CR.NO.270/2018 ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, NAGAMANGALA TAKING COGNIZANCE, REGISTERING CASE AND ISSUING PROCESS AGIANST THE PETITIONER FOR THE OFFENCE P/U/S 32 AND 34 OF KARNATAKA EXCISE ACT-1965. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15665 CRL.P No. 936 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, arrayed as Accused No.3, who has been charge-sheeted for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965, has approached this Court seeking relief. 2. The prosecution alleges that, on 27.11.2018, based on credible information that Accused Nos.1 and 2 were transporting liquor unauthorisedly at the instance of Accused No.3, the complainant along with his staff intercepted the vehicle. Upon inspection, it was discovered that Accused Nos.1 and 2 were transporting liquor beyond the prescribed limit without a valid permit. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for the State. 4. The petitioner has been implicated as Accused No.3 solely on the basis of the confessional statements of Accused Nos.1 and 2, who have allegedly stated that the liquor seized from the vehicle was purchased from the wine shop of Accused No.3. However, except for the said confession statements of the co-accused, there is no corroborative material to substantiate that the liquor - 3 - NC: 2025:KHC:15665 CRL.P No. 936 of 2025 seized from Accused Nos.1 and 2 was, in fact, purchased from the wine shop belonging to Accused No.3, who held a valid licence to vend liquor. 5. 5. The Hon’ble Apex Court, in the decision cited by the petitioner in the case of Karan Talwar v. State of Tamil Nadu [(2024) INSC 1012], has held as under: 6. "12. As noted hereinbefore, the sole material available against the appellant is the confession statement of the co-accused viz., accused No.1, which undoubtedly cannot translate into admissible evidence at the stage of trial and against the appellant. When that be the position, how can it be said that a prima facie case is made out to make the appellant to stand the trial. There can be no doubt with respect to the position that standing the trial is an ordeal and, therefore, in a case where there is no material at all which could be translated into evidence at the trial stage it would be a miscarriage of justice to make the person concerned to stand the trial." the trial.” 6. In the present case as well, except for the confessional statements of the co-accused—which are inadmissible in evidence under Section 25 of the Indian Evidence Act—there exists no corroborative material to substantiate the allegations against the petitioner. In such circumstances, allowing the criminal proceedings to continue would amount to an abuse of the process of law. - 4 - NC: 2025:KHC:15665 CRL.P No. 936 of 2025 7. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.55/2020 on the file of the Senior Civil Judge and Judicial Magistrate First Class, Nagamangala, insofar as they pertain to Accused No.3, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE CHS List No.: 1 Sl No.: 12