- 1 - NC: 2025:KHC-D:2622 CRL.P No. 101816 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.101816 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: KIRAN, S/O. SHYAMSUNDAR GUJJAR AGE. 46 YEARS, OCC. BUSINESS, R/AT. PATHAR PHOD GALLI, BANDIWAD BES, NEAR KABADI HOSPITAL, HUBBALLI-580020. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, OLD HUBLI POLICE STATION, HUBBALLI, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE COGNIZANCE DATED 08/02/2021 AND ENTIRE PROCEEDING AGAINST THE ACCUSED NO.9/ PETITIONER IN CC NO.409/2021 PENDING BEFORE THE 4TH ADDL. CIVIL JUDGE AND JMFC COURT, AT HUBBALLI ARISING OUT OF OLD HUBBALLI POLICE STATION CRIME NO.109/2020 FOR THE OFFENCES P/U/S 78(3) OF KARNATAKA POLICE ACT 1963. 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: 2025.02.13 11:17:45 +0530 - 2 - NC: 2025:KHC-D:2622 CRL.P No. 101816 of 2024 ORAL ORDER 1. The petitioner/accused No.9, who is facing trial for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, has approached this Court seeking to quash the criminal proceedings in C.C. No.409/2021, pending before the IV Additional Civil Judge and JMFC, Hubballi. 2. The prosecution alleges that upon receiving credible information regarding certain individuals engaged in OC matka betting in a public place, a raid was conducted, during which accused Nos.1 to 8 were apprehended, and matka chits and money were recovered from them. Upon their apprehension, the confession statements of accused Nos.1 to 8 were recorded, in which they allegedly confessed that the matka betting was conducted at the instance of accused No.9. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. The petitioner has been arraigned as accused No.9 solely based on the confession statements of the co-accused, wherein they claimed that the matka betting was conducted at the petitioner’s instance and that the matka chits and money collected from the public were handed over to him. Except for these confession statements, there is no corroborative material to substantiate the allegations against accused No.9. - 3 - NC: 2025:KHC-D:2622 CRL.P No. 101816 of 2024 5. It is a settled principle of law that the confession statement of a co-accused is inadmissible as evidence under Sections 25 and 26 of the Indian Evidence Act, 1872. Therefore, the petitioner cannot be prosecuted based solely on such statements. 6. In these circumstances, the continuation of criminal proceedings against the petitioner/accused No.9 would amount to an abuse of the process of law. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.409/2021 pending on the file of the IV Additional Civil Judge and JMFC, Hubballi, insofar as it relates to petitioner/accused No.9, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 2 Sl No.: 4