- 1 - NC: 2025:KHC-D:3335 CRL.P No. 101572 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101572 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. EDIGARA BALAJI S/O. LATE MARIYAPPA AGE. 52 YEARS, OCC. PRIVATE SERVICE, CORRECT ADDRESS: R/O. HIREHADAGALI, 3RD WARD, SANTEPETE, TERBIDHI, CAR STREET, HIREHADAGALI-583216, TQ. DIST. VIJAYANAGAR. …PETITIONER (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY HIREHADAGALI POLICE STATION, VIJAYANAGARA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ORDER DATED 19.01.2022 PASSED BY THE CIVIL JUDGE AND JMFC, HADAGALI IN CC NO.26/2022 THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE U/S 32 AND 34 OF EXCISE ACT, IN CRIME NO.160/2021 AS AGAINST THE PETITIONER/ACCUSED NO.2 AND ALLOW THE ABOVE CRIMINAL PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.22 12:18:39 +0530 - 2 - NC: 2025:KHC-D:3335 CRL.P No. 101572 of 2024 ORAL ORDER 1. The petitioner, who has been charge-sheeted for the offence punishable under Sections 32 and 34 of the Excise Act, is before this Court seeking relief. 2. The prosecution’s case is that on 30.10.2021, the Police Sub-Inspector received credible information that some unknown persons were illegally selling liquor near Maylar Cross, near a petrol bunk. The Police Sub-Inspector, along with his staff and panchas, went to the spot and apprehended accused No.1, who was found in possession of liquor. In his voluntary statement, he confessed that the liquor had been purchased from the shop of accused No.2. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. In his confession statement, accused No.1 allegedly stated that the liquor seized from him had been purchased from the shop of accused No.2. However, except for the confession statement of the co-accused, there is no corroborative material to substantiate that the liquor seized from accused No.1 was indeed purchased from accused No.2’s shop. 5. It is a settled law that the confession statement of a co- accused is inadmissible in evidence, as stated under Section 25 of the Indian Evidence Act. Therefore, the continuation of criminal proceedings solely based on the confession statement of the co- accused would amount to an abuse of the legal process. - 3 - NC: 2025:KHC-D:3335 CRL.P No. 101572 of 2024 6. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.26/2022 on the file of the Civil Judge and JMFC, Hadagali, insofar as they relate to the petitioner/accused No.2, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 101