- 1 - NC: 2025:KHC-D:4080 CRL.P No. 101224 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101224 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. BHEMAPPA MAHADEV HULLOLLI @ BHEEMSI AGE. 27 YEARS, OCC. STUDENT, R/O. HADIGNAL VILLAGE AND POST, TQ. GOKAK, DIST. BELAGAVI-590001. …PETITIONER (BY SRI. SADYOJAT R.BALIGATTIMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PSI BALLARI, BALLARI RURAL POLICE SATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DAHRWAD BENCH-580011. 2. SRI. M. SHRINIVAS RAO PI OCC. POLICE INSPECTOR, HOSPETE TOWN POLICE STATION, R/BY SPP, HIGH COURT OF KARNATKA, DHARWAD-580011. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.3 REGISTERED IN CC NO.486/2022, PENDING ON THE FILE OF 3RD ADDL.CIVIL JUDGE AND JMFC COURT, BALLARI, FOR OFFENCES PUNISHABLE U/S 417, 419, 420, 465, 120(B), R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.03 12:58:48 +0530 - 2 - NC: 2025:KHC-D:4080 CRL.P No. 101224 of 2025 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for the respondent Nos.1 and 2. 2. The petitioner, who is facing charges for offences punishable under Sections 417, 419, 420, 465 and 120(B) read with Section 34 of the Indian Penal Code (IPC), is before this Court. 3. The case of the prosecution is that, during the selection process for the post of police constable, accused No.2 had applied for the said post. Allegedly, accused No.1 participated in the written examination by impersonating accused No.2. The specific allegation against accused No.3 is that he introduced accused Nos. 1 to accused No.2. The petitioner/accused No.4 has been implicated solely on the basis of the voluntary confession statements of accused Nos.1 and 2, wherein they claimed that accused No.4 had introduced them. 4. The Hon’ble Supreme Court, in Surinder Kumar Khanna vs. Intelligence Officer, Directorate of Revenue Intelligence1, has held as follows: “It would be noticed that, as a result of the provisions contained in Section 30, the confession has no general evidentiary value, because whatever is considered by the court as evidence, including circumstances and probabilities, must meet the definition of evidence under Section 3 of the Indian Evidence Act. While a 1 (2018) 8 SCC 271 - 3 - NC: 2025:KHC-D:4080 CRL.P No. 101224 of 2025 confession may be considered as evidence in a broad sense due to Section 30, it is not evidence as defined under Section 3 of the Act. As such, in dealing with a case against an accused person, the court cannot rely solely on the confession of a co-accused. Instead, it must begin with other evidence adduced by the prosecution and, after forming its opinion on the quality and effect of such evidence, may refer to the confession for assurance in reaching a conclusion of guilt. That is the effect of Section 30. This view has also been expressed by this Court in Kashmira Singh v. State of M.P. [1952 SCR 526: AIR 1952 SC 159: 1952 Cri LJ 839], wherein the Privy Council decision in Bhuboni Sahu v. R. [1949 SCC OnLine PC 12: (1948-49) 76 IA 147] was cited with approval.” 5. It is a well-settled principle that any confession made by an accused while in police custody is inadmissible under Section 25 of the Indian Evidence Act, 1872, unless corroborated by material evidence substantiating the allegations against the accused. Furthermore, an accused cannot be subjected to trial solely based on a confession statement. 6. In the present case, the allegation against accused No.3, even if taken at face value, does not fulfill the essential elements required to constitute the offences alleged against him. The prosecution has failed to produce any corroborative material to substantiate the claims made in the voluntary statements of accused Nos. 1 and 2. 7. Therefore, in the absence of any corroborative evidence, the continuation of criminal proceedings against the petitioners based solely on the inadmissible confession statement - 4 - NC: 2025:KHC-D:4080 CRL.P No. 101224 of 2025 of accused Nos. 1 and 2 would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The impugned proceedings in CC No.486/2022 pending on the file of the learned III Additional Civil Judge and JMFC Court Ballari, insofar as it relates to the petitioner – accused No.3 is hereby quashed. iii) The trial Court to proceed against other accused in accordance with law without being influenced by any observations in this order and the observations made in this order is only for the purpose of accused No.3. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 18