- 1 - HC-KAR NC: 2025:KHC-D:14912 CRL.P No. 104312 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104312 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SIDDAPPA P.TATAYYA, AGE. 45 YEARS, OCC. LABOURER, R/O. HIREKERUR, BALAMBIDA CROSS, TQ. HIREKERUR, DIST. HAVERI-581110. …PETITIONER (BY SRI SADYOJIT R. BALIGATTIMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, BY HIREKERUR POLICE STATION, HAVERI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:14912 CRL.P No. 104312 of 2025 HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SRI PRAVEEN Y. DEVAREDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF THE KARNATAKA POLICE (AMENDMENT) ACT, 2021, IN C.C.NO.403/2023, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT HIREKERUR, DISTRICT HAVERI, CONSEQUENTLY, TO QUASH THE ENTIRE PROCEEDINGS PENDING INSOFAR THE PETITIONERS/ACCUSED NO.2 IS CONCERNED. THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:14912 CRL.P No. 104312 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is arraigned as accused No.2 in C.C.No.403/2024, pending on the file of the Court of Senior Civil Judge and JMFC, Hirekerur, in Haveri District is approaching this Court by filing this petition to quash the criminal proceedings for the offence punishable under section 78(3) of the Karnataka Police Act (for brevity, ‘K.P.Act’). 2. The factual matrix of the case is that on 03.11.2022, at about 11.00 a.m., when the complainant was on patrolling duty he is stated to have received information that some unknown persons were conducting game in Hirekerur bus stand, the said game is known as gambling. On receiving the said information, the complainant has informed the Higher Authority, took the staffs along with panchas and went to the spot. - 4 - HC-KAR NC: 2025:KHC-D:14912 CRL.P No. 104312 of 2025 3. On going to the spot, the complainant noticed that accused No.1 was standing on the public road and he was informing that he would pay Rs.80/- and was inducing the public to write online casino numbers and he was distributing the chits to the public. Immediately, the accused was surrounded and apprehended. On enquiry, the petitioner has stated the name of the accused No.2 that he was asked to write online casino numbers on behalf of accused No.2. Based on the said information accused No.2 included in the case, after conducting the investigation, charge-sheet has been submitted. 4. Heard Sri. Sadyojit R. Baligattimath, learned counsel for petitioner and Sri Jairam Siddi, learned HCGP for respondent - State and perused the material placed before the Court. 5. The submission of learned counsel for the petitioner is that, the petitioner has been falsely implicated in this case. He was arrayed as accused No.2 on the basis of - 5 - HC-KAR NC: 2025:KHC-D:14912 CRL.P No. 104312 of 2025 voluntary statement of accused No.1. However, there is no material to indicate that he had instructed accused No.1 to do the said gambling act. 6. It is further submitted that implicating the petitioner as accused No.2 on the basis of voluntary statement of co-accused is impermissible under law. Such being the settled principle of law, proceeding against accused No.2 under such circumstances would not serve any purpose. Therefore, the proceedings against the petitioner have to be quashed. 7. Per contra, learned High Court Government Pleader for respondent - State has vehemently submitted that accused Nos.1 and 2 both were playing gambling viz., Online Casino (O.C) game. The investigation would indicate that accused No.1 was attracting the public by standing in the bus stand and calling them to give higher price. Further, the investigation would indicate that accused No.1 was - 6 - HC-KAR NC: 2025:KHC-D:14912 CRL.P No. 104312 of 2025 acting under the instruction of accused No.2/petitioner. Therefore, it is not appropriate to quash the proceedings. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that accused No.1 was apprehended by the complainant and his team. It is stated that on enquiry he has disclosed the name of accused No.2. However, nothing has been recovered from accused No.2. It is needless to state that the voluntary statement of co-accused is not sufficient to implicate other accused as it is hit by Sections 22(1) and 23(1) of Bharathiya Sakshya Adhiniyam, 2023. Therefore, the contention of the learned counsel for the petitioner has to be sustained. Hence, I proceed to pass the following: ORDER i) This Criminal Petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:14912 CRL.P No. 104312 of 2025 ii) The criminal proceedings in C.C.No.403/2024, pending on the file of the Court of Senior Civil Judge and JMFC, Hirekerur, in Haveri District, registered against the appellant/accused No.2, for the offence punishable under section 78(3) of the K.P. Act, is hereby quashed. iii) In view of disposal of the petition, pending interlocutory applications, if any, stand disposed off as they do not survive for consideration. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 25