- 1 - NC: 2025:KHC-D:3602 CRL.P No. 100881 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100881 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MR. KOTEPPA S/O. PAKKIRAPPA HOLALU AGE. 35 YEARS, OCC. AGRICULTURE, R/O. MAGALA VILLAGE, TQ. HADAHALI, DIST. VIJAYANAGARA-583219. 2. MANJAPPA TIRUKAPPA AGE. 24 YEARS, OCC. LABOURER, R/O. HOSAHALLI VILLAGE, TQ. HADAHALI, DIST.VIJAYANAGARA-583219. …PETITIONERS (BY SRI. MAQBOOLAHAMED M.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH POLICE INSPECTOR, HIREHADAGALI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST ACCUSED NO.1 AND 2/PETITIONERS IN CC NO.273/2024 WHICH IS PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT, HADAGALI FOR THE OFFENCE PUNISHABLE U/S 78(3) OF KP ACT (HIREHADAGALI P.S. CRIME NO.04/2024) IN SO FAR AS PRESENT PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:19 +0530 - 2 - NC: 2025:KHC-D:3602 CRL.P No. 100881 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. In view of the memo filed by the learned counsel for the petitioners, the petition, insofar as petitioner No.1, is dismissed as not pressed. 2. The learned High Court Government Pleader accepts notice for the respondent/State. 3. The petitioner/accused No.2, who is facing trial for the offence punishable under Section 78(III) of the Karnataka Police Act, 1963, is before this Court seeking relief. 4. The prosecution alleges that on 03.01.2024, upon receiving credible information, the complainant, along with his staff and panch witnesses, visited the spot and discovered that accused No.1 was playing ‘Matka’ in a public place. Accused No.1 was apprehended along with cash, OC chits, and three ball pens. In his confession statement, he admitted that he used to hand over the money collected from the public to accused No.2. 5. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent/State. 6. The offence under Section 78 of the Karnataka Police Act, 1963, is non-cognizable. As per Section 155 of the Code of Criminal Procedure, 1973 (Cr.P.C.), prior permission from the Magistrate is mandatory before conducting any search, seizure, or arrest. In the - 3 - NC: 2025:KHC-D:3602 CRL.P No. 100881 of 2025 present case, no such permission was obtained by the police before carrying out the search, seizure, and arrest of the accused. 7. The petitioner has been arrayed as accused No.2 solely based on the confession statement of accused No.1. There is no corroborative evidence to establish that accused No.1, after collecting money from the public, handed it over to accused No.2. Furthermore, there is no material to substantiate that accused No.2 was engaged in playing ‘Matka’. In the absence of any such corroborative material, prosecuting accused No.2 solely based on the confession statement of a co-accused— which is impermissible in law— would amount to an abuse of the process of law. 8. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.273/2024, pending before the learned Civil Judge and JMFC Court, Hadagali, insofar as petitioner No.2/accused No.2, are hereby quashed. 9. Pending applications, if any, are disposed off as not surviving for consideration. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 53