- 1 - HC-KAR NC: 2025:KHC:18817 CRL.P No. 7322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7322 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SMT. APSARI BHANU W/O LATE ATHAVULLA, AGED ABOUT 51 YEARS (PRESENT AGE) R/AT 5TH CROSS, MKDK ROAD, MANDI MOHALLA, MYSURU CITY – 570 001 …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANDYA EAST POLICE STATION, MANDYA CITY, REP. BTY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001 2. SRI SHESHADRI KUMARA, POLICE SUB INSPECTOR, AGED ABOUT 37 YEARS, (PRESENT AGE) MANDYA EAST POLICE STATION, MANDYA CITY – 571 401 …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1 & R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AS AGAINST THE PETITIONER IN SPL.C.NO.340/2024 (CR.NO.68/2024) PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE COURT AT MANDYA FOR THE OFFENCE P/U/S 20(b) OF NDPS ACT AND SEC.32 R/W 34 OF KARNATAKA EXCISE ACT. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18817 CRL.P No. 7322 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “Wherefore, the petitioner No.1 most humbly pray that this Hon’ble Court may kindly be pleased to Quash the Entire criminal proceedings initiated as against the petitioner in Spl.C.No.340/2024 (Crime No.68/2024) pending on the file of Principal District and Sessions Judge Court at Mandya for the offences punishable under Section 20(b) of NDPS Act and U/s 32 r/w 34 of Karnataka Excise Act, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that on 02.06.2024, respondent No.2-complainant lodged a complaint before respondent No.1-Police which registered an FIR in Crime No.68/2024 against accused No.1- Manjunatha K. and accused No.2 – Shobha K., for the offences punishable under Sections 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 32 and 34 of Karnataka Excise Act, 1965. In - 3 - HC-KAR NC: 2025:KHC:18817 CRL.P No. 7322 of 2025 pursuance of the same, respondent No.1 conducted investigation and filed impugned charge sheet, which is currently pending in Spl.C.No.340/2024, in which, the petitioner is arraigned as accused No.3. 4. In this context, it is pertinent to note that the petitioner has been arrested as accused No.3 on the sole confessional statement of accused No.1, which is impermissible in law as held by the co-ordinate bench in the case of Paritosh Chandrashekar Kulkarni – Crl.P.No.1850/2023 dated 19.07.2024. 5. In view of the aforesaid facts and circumstances of the case and the material on record which discloses that the very arraigning of the petitioner as accused No.3 was based on sole confessional statement of accused No.1 and not based on any other material, in my considered view, continuation of the impugned proceedings would amount to abuse of process of law warranting interference in the present petition. 6. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. - 4 - HC-KAR NC: 2025:KHC:18817 CRL.P No. 7322 of 2025 ii) The impugned proceedings in Spl.C.No.340/2024 arising out of Crime No.68/2024 pending on the file of Principal District and Sessions Judge, Mandya insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 56