- 1 - NC: 2025:KHC:10671 CRL.P No. 6495 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6495 OF 2024 BETWEEN: 1. SRI VINODHKUMAR S/O MARIYAPPAN, AGED ABOUT 20 YEARS, R/AT 3/25, BYALARAHALLI VILLAGE, PALAKKOD TALUK, DHARAMAPURI DISTRICT, TAMILNADU 636 808. …PETITIONER (BY SRI. DEVARAJ S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANASAWADI POLICE STATION, BENGALURU CITY, REP SPP, HIGH COURT BUILDINGS, BENGALURU 560 001. 2. ANTHONY MUSSLIN S/O LATE SEBASTIAN, AGED ABOUT 51 YEARS, R/AT NO 487, 2ND CROSS, BASAVANAGAR, NEAR ARABIC COLLEGE, BENGALURU CITY 560 045. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; SMT. PARINEETA S CHANAL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.653/2024 REGISTERED BY THE BANASWADI POLICE STATION IN Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10671 CRL.P No. 6495 of 2024 CR.NO.523/2023 (CHARGE SHEET HAS BEEN FILED IN C.C.NO.61500/2023) BENGALURU CITY FOR THE OFFENCE P/U/S 120B, 307, 202, 212, 149 OF IPC NOW PENDING ON THE FILE OF XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-20), MAYO HALL, BENGALURU CITY, BENGALURU IN THE ABOVE CASE. 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, who has been charge-sheeted for offences punishable under Sections 120(B), 307, 202, 212, and 149 of the IPC, has approached this Court seeking relief. 2. The prosecution alleges that on 04.09.2023, when the complainant was showing Plot No. 446, situated on the IV Floor at Sena Vihar, ‘L’ Block, to Valuthya Krishna Guruswami, accused Nos. 1 to 11 assaulted the complainant with a knife on his left cheek, and Valuthya Krishna Guruswami was also attacked with a knife. 3. During the course of the investigation, the statement of accused No.2 was recorded under Section 161 of the Cr.P.C., wherein he allegedly stated that the petitioner had provided food and shelter to the accused after the incident. - 3 - NC: 2025:KHC:10671 CRL.P No. 6495 of 2024 4. Heard the learned counsel for the petitioner, the learned counsel for respondent No.2, and the learned High Court Government Pleader representing respondent No.1. 5. The petitioner is sought to be prosecuted for the offence under Sections 202 and 212 of the IPC, based on the allegation that he provided food and shelter to accused Nos.2 to 6. The only evidence implicating the petitioner as accused No.12 is the confession statement of accused No.2. However, there is no corroborative material to substantiate this allegation. 6. It is a well-settled principle that a confession made by an accused while in police custody is inadmissible under Section 25 of the Indian Evidence Act, 1872, unless it is supported by independent material evidence. Furthermore, no accused can be subjected to trial solely on the basis of a confession statement made by a co- accused. 7. In light of the above discussion, the petition is allowed, and the impugned proceedings in SC No.653/2024, registered by Banasawadi Police Station in Crime No.523/2023 (charge sheet filed in C.C. No.61500/2023), Bengaluru City, for offences punishable under Sections 120(B), 307, 202, 212, and 149 of the IPC, - 4 - NC: 2025:KHC:10671 CRL.P No. 6495 of 2024 pending before the learned 26th Additional City Civil and Sessions Judge (CCH-20), Mayo Hall, Bengaluru City, are hereby set aside insofar as they relate to the petitioner (accused No.12). 8. The Trial Court shall proceed against the remaining accused in accordance with the law, without being influenced by any observations made in this order. Any observations herein are limited to the adjudication of this petition and shall not affect the merits of the case against the other accused. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 116