- 1 - NC: 2025:KHC:12862 CRL.P No. 846 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 846 OF 2025 BETWEEN: SADASHIV GOTHE, AGED ABOUT 36 YEARS, S/O DHAREPPA, 75/B ALBAL, JAMKHANDI BAGALKOT DISTRICT KARNATAKA 587 119. (NAME AND ADHAR MENTIONED AS PER ADHAR CARD ). PETITIONER (BY SRI. ANISH JOSE ANTONY.,ADVOCATE) AND: THE STATE OF KARNATAKA BY STATION HOUSE OFFICER, REP BY KOTE POLICE STATION, SHIVAMOGGA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE 560001. RESPONDENT (BY SRI. MR PATIL, HCGP FOR RESPONDENT) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER / ACCUSED NO.4 IN C.C.NO.475/2024 REGISTERED FOR OFFENCE P/U/S 417, 419, 420, 465, 181, 120B R/W SEC. 34 OF IPC, PENDING ON THE FILE OF THE HONBLE PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA AND ETC,. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12862 CRL.P No. 846 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, designated as Accused No. 4, is currently facing trial for offenses under Sections 417, 419, 420, 465, 181, 120(B) read with Section 34 of the Indian Penal Code, 1860. 2. The prosecution alleges that Accused No. 1 applied for selection to the post of Police Constable and that Accused No. 5 impersonated Accused No. 1 during the written examination. It is further alleged that Accused No. 1 was aware of this impersonation and that Accused No. 4 deliberately misled the police by stating that he had impersonated Accused No. 1 to gain unlawful advantage. 3. Initially, a First Information Report was registered against Accused Nos. 1 and 2. During the investigation, Accused No. 3’s statement under Section 161 of the Code of Criminal Procedure, 1973, indicated that Accused No. 4 had impersonated Accused No. 1. Subsequently, a notice under Section 41(a) of the Code of Criminal Procedure was issued to the petitioner, leading to his arrest at his residence on January 16, 2024. While in judicial custody, Accused No. 4 allegedly made a voluntary statement confessing to the impersonation. However, further investigation revealed that it was actually - 3 - NC: 2025:KHC:12862 CRL.P No. 846 of 2025 Accused No. 5 who had impersonated Accused No. 1. The petitioner is accused of deliberately providing false information to mislead the police and gain unlawful benefit. 4. Section 25 of the Indian Evidence Act, 1872, stipulates that no confession made to a police officer shall be proved against a person accused of any offense. In this case, the petitioner’s confession was made while in judicial custody and lacks corroborative evidence. In the absence of such corroboration, relying solely on this confession to continue criminal proceedings would constitute an abuse of the legal process. 5. Therefore, the criminal petition is allowed, and the proceedings in C.C. No. 475/2024, pending before the Principal Senior Civil Judge and Chief Judicial Magistrate, Shivamogga, insofar as they relate to the petitioner (Accused No. 4), are hereby quashed. SD/- (HEMANT CHANDANGOUDAR) JUDGE PNV List No.: 1 Sl No.: 31