- 1 - NC: 2025:KHC-D:3338 CRL.P No. 101573 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. 101573 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. H.E.ROHIT KUMAR S/O. DODDA YARIYAPPA AGE. 64 YEARS, OCC. OWNER OF ANAND LIQUOR SHOP, CORRECT ADDRESS: R/O. # 96, 2ND WARD, MAYLARA HADAGALI ROAD, OLALU VILLAGE, TQ. HADAGALI, DIST. VIJAYNAGARA-583217. …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. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ORDER DATED 03.12.2022 PASSED BY THE CIVIL JUDGE AND JMFC, HADAGALI IN CC NO.898/2022 THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE U/S 32 AND 34 OF EXCISE ACT, IN CRIME NO.157/2022 AS AGAINST THE PETITIONER/ACCUSED NO.2 AND ALLOW THE ABOVE CRIMINAL PETITION. THIS PETITION, COMING ON FOR ORDERS, 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: 2025.02.21 17:16:25 +0530 - 2 - NC: 2025:KHC-D:3338 CRL.P No. 101573 of 2024 ORAL ORDER 1. The petitioner, who has been charge-sheeted for the offences punishable under Sections 32 and 34 of the Excise Act, is before this Court seeking relief. 2. The prosecution’s case is that on 21.09.2022, the Police Sub-Inspector received credible information that some unknown persons were unlawfully selling liquor near Harvi Bus Stand. The Police Sub-Inspector, along with his staff and panchas, went to the spot, where accused No.1 was apprehended in possession of 9 liters of liquor. In his voluntary statement, he confessed that the liquor was purchased from the shop of accused No.2, who had been granted a CL-2 license. 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 was purchased from the shop of accused No.2, who had been granted a CL-2 license to sell liquor. 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 purchased from the shop of accused No.2. 5. It is a settled law that the confession statement of a co- accused is inadmissible in law, as stated under Section 25 of the Indian Evidence Act. Therefore, the continuation of criminal - 3 - NC: 2025:KHC-D:3338 CRL.P No. 101573 of 2024 proceedings solely based on the confession statement of a co- accused would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.898/2022 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.: 6