- 1 - NC: 2025:KHC-D:2670 CRL.P No. 100648 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100648 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: VARDHAMAN S/O. PARIS NYAMAGOUDA, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: ALAGUR, TQ: JAMAKHANDI, DIST: BAGALKOT-587 201. … PETITIONER (BY SRI. P.N. HOSAMANE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PSI JAMAKHANDI TOWN POLICE STATION, JAMAKHANDI REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. JAGADISHKUMAR RACHAPPA HUDEDAMANI, AGE: MAJOR, OCC: TECHNICAL ASSISTANT JLBC, JAMAKHANDI, FLYING SQUAD JAMKHANDI ASSEMBLY CONSTITUENCY, R/O: JAMAKHANDI, TQ: JAMAKHANDI, DIST: BAGALKOT-587 201. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1371/2023 (JAMKHANDI TOWN P.S. CR.NO.54/2023) PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC JAMKHANDI FOR THE OFFENCES PUNISHABLE UNDER SECTION 171(H), 177 R/W 34 OF IPC AND 127 (A) OF REPRESENTATION OF PEOPLE ACT 1951, IN SO FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED IN THE INTEREST OF JUSTICE. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:41 +0530 - 2 - NC: 2025:KHC-D:2670 CRL.P No. 100648 of 2025 THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned Additional Government Advocate accepts notice for respondent No.1 – State. 2. The petitioner (accused No.2), who is facing trial for offences punishable under Sections 171(H) and 177 read with Section 34 of the Indian Penal Code, 1860 (“IPC”), and Section 127(A) of the Representation of the People Act, 1951, has approached this Court seeking relief. 3. The prosecution alleges that, upon receiving credible information, the complainant, accompanied by panchas, conducted an inspection of Sabha Graphics, a printing establishment owned by accused No.1. During the inspection, pamphlets relating to a Congress candidate were seized, even though the premises lacked machinery for printing. Accused No.1, who was apprehended, allegedly confessed to printing the pamphlets and handing them over to accused No.2 (petitioner herein). Based solely on the confession statement of the co-accused, the petitioner has been arraigned as accused No.2. 4. Heard the learned counsel for the parties. 5. The offences alleged against the petitioner are cognizable. As per Section 155(2) of the Code of Criminal Procedure, 1973 (“Cr.P.C.”), the police are required to obtain prior - 3 - NC: 2025:KHC-D:2670 CRL.P No. 100648 of 2025 permission from the Magistrate before conducting an investigation in non-cognizable offences. However, in the present case, the police conducted the investigation first and only thereafter obtained the necessary order under Section 155(2) of Cr.P.C., rendering the investigation procedurally flawed. 6. Furthermore, in the absence of any corroborative material, the petitioner cannot be prosecuted solely on the basis of the confession statement of a co-accused, as such reliance is impermissible in law under Sections 25 and 26 of the Indian Evidence Act, 1872. 7. In light of the aforementioned legal infirmities, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.1371/2023 pending on the file of the learned Prl. Civil Judge and JMFC, Jamkhandi, insofar as it relates to the petitioner – accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK List No.: 1 Sl No.: 55