- 1 - NC: 2025:KHC-D:1850 CRL.P No. 100418 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100418 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI. UDAY S/O RAMAKRISHNA SHETTY, AGE: 37 YEARS, OCC: BUSINESS, R/O: DHARMANABYLE, CHIPAGI TQ: SIRSI, DIST: UTTARA KANNADA-581 402. … PETITIONER (BY SMT. JOSHNA P. DHANAVE, ADVOCATE FOR SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (BANAVASI POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SRI. PRAVEENA Y, DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN BANAVASI POLICE STATION IN P.S. CRIME NO.131/2024, FOR THE OFFENCE P/U/SEC. 78(3) OF KP ACT, PENDING C.C.NO.2603/2024, ON THE FILE OF CIVIL JUDGE AND III ADDL. JMFC COURT, SIRSI, SO FAR AS PETITIONER WHO IS ARRAYED AS ACCUSED NO.2, TO MEET THE ENDS OF JUSTICE. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 13:32:26 +0530 - 2 - NC: 2025:KHC-D:1850 CRL.P No. 100418 of 2025 ORAL ORDER The petitioner-accused No.2 who is charge sheeted for the offence punishable under Section 78 (3) of the Karnataka Police Act, is before this Court. 2. Perusal of the charge sheet indicated that, on securing information, a raid was conducted, and accused No.1 was found engaging in gambling, and was apprehended, and in his confession statement he has alleged that the entire game has been organized at the instigation of the petitioner-accused No.2. Therefore, the Police proceeded to arraign the petitioner as accused No.2. 3. Except the confession statement of the accused No.1, there is no corroborative material to substantiate the allegation against the petitioner – accused No.2. Therefore, the continuation of the criminal proceedings only on the basis of the confession statement of the co-accused which is inadmissible in law as stated under Section 25 of Indian Evidence Act in the absence of any corroborative material against the petitioner will be an abuse of the process of law. 4. Accordingly, I pass the following order: ORDER The Criminal Petition is allowed. - 3 - NC: 2025:KHC-D:1850 CRL.P No. 100418 of 2025 The impugned proceedings in C.C.No.2603/2024 (arising out of Crime No.131/2024 of Banavasi Police Station), pending on the file of the learned Civil Judge, and III Additional JMFC Court, Sirsi insofar it relates to the Petitioner-accused No.2 herein, stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR CT:BCK