- 1 - HC-KAR NC: 2025:KHC-D:16264 CRL.P No. 103566 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 103566 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: REVAPPA S/O. SHIVAPPA MATTIKOPPA, AGED ABOUT 28 YEARS, OCC: AGRICULTURE, R/O. INCHAL VILLAGE, SAUNDATTI TQ -591102 BELGAUM -DIST. &PETITIONER (BY SRI. H. R. GUNDAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA REPTD STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH THROUGH PSI, NAVANAGARA POLICE STATION BAGALKOT, BAGALKOT DISTRICT 580002. &RESPONDENT (BY SMT. GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE FINAL CHARGE SHEET DATED 30.01.2022, FILED BY THE NAVANAGARA POLICE BAGALKOT, AND PROCEEDINGS IN CC NO.47/2022, ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND CJM COURT AT BAGALKOT, ARISING OUT OF IN CRIME NO.118/2020 OF NAVANAGARA POLICE-BAGALKOT OF BAGALKOT DISTRICT, AS AGAINST THE PETITIONER ARRAYED AS ACCUSED NO.15, OFFENCES ALLEGED U/S 420 AND 120B OF IPC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16264 CRL.P No. 103566 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Heard Sri. H.R. Gundappa, the learned counsel for the petitioner and Smt. Girija S. Hiremath, the learned HCGP for respondent. 2. The petitioner is accused No.15. Qua the other accused, the Co-ordinate Bench of this Court had quashed the proceedings. The same reads as follows: <The petitioner is before this Court calling in question the proceedings in CC No.47/2022 registered for the offences punishable under Sections 120B and 420 of the Indian Penal Code. 2. The learned counsel appearing for the petitioner submits that qua accused No.17, the Co- ordinate Bench of this Court in Criminal Petition No.103778/2022 has quashed the proceedings on the score that accused No.17 had been hauled into the web of crime only on the voluntary statement of accused No.1 without there being any further corroborative material to drive home the allegations against the petitioner. The Co- ordinate Bench has held as follows: <The FIR was registered against the petitioner/accused No.1 for the offence punishable under Section 120 and 420 IPC alleging that the accused No.1 on 22.11.2020 by using electronic device, was writing answer in the constable examination and at that point of time, invigilator noticing the same apprehended him and seizes the electronic device. Thereafter the Police conducted an investigation and submitted charge sheet against the petitioner/accused No.17 and others for the offences punishable under Sections 120 and 420 of IPC. Learned Magistrate after accepting the charge sheet took the aforesaid offences and issued summons. Taking - 3 - HC-KAR NC: 2025:KHC-D:16264 CRL.P No. 103566 of 2024 exception to the same, petitioner/accused No.17 before this ourt. 2. Heard learned counsel for the petitioner and learned HCGP for respondent-State. 3. Police during the course of investigation, apprehended the accused Nos.2 and 3 who had allegedly supplied electronic device to the accused No.1 and during intogoration, accused Nos.2 and 3 have stated that similar electronic devices have been supplied to accused No.17 and others and only on the basis of statement of accused Nos.2 and 3, the petitioner has been arraigned as accused No.17. 4. Section 114 of illustration (b) of the Evidence Act, specifies that statement of an accomplice is unworthy of credit, unless he is corroborate by the materials particulars. In the instant case, there is no recovery made from the accused No.17 to substantiate the allegation that he used electronic device to answer in the Police constable examination and charge sheet is filed on the basis of statement of accused Nos.2 and 3 which is impermissible in view of Section 114 illustration (b) of Evidence Act. Hence, the continuation of the criminal proceedings against the accused No.17 in the absence of corroborative material will be an abuse of process of law. Accordingly, I pass the following: ORDER Criminal petition is allowed. The impugned proceedings C.C.No.47/20222 pending on the file of Principal Senior Civil Judge, and CJM BAgalkote, insofar as it relates to petitioner/accused No.17 is hereby quashed.= 3. The learned High Court Government Pleader would not dispute the position of law as laid down by the Co-ordinate Bench (supra). 4. In the light of the judgment of the Co- ordinate Bench qua accused No.17, the present petition deserves to succeed on the very same reasons so rendered. 5. For the aforesaid reasons, the following ORDER - 4 - HC-KAR NC: 2025:KHC-D:16264 CRL.P No. 103566 of 2024 i. The petition is allowed. ii. The proceedings in CC No.47/2022 pending on the file of the learned Principal Senior Civil Judge and CJM, Bagalkot, stand quashed qua the petitioner.= 3. The learned HCGP would not dispute the position and accept the fact that qua the other accused, the proceedings are quashed. 4. In that light, the petition deserves to succeed. Accordingly, the following: ORDER i. The Criminal Petition is allowed. ii. The proceedings in C.C. No.47/2022 on the file of the Principal Civil Judge (Sr. Dn.) and CJM Court at Bagalkote, qua the petitioner is quashed. Sd/- (M.NAGAPRASANNA) JUDGE Rsh / CT:ANB List No.: 1 Sl No.: 270