- 1 - NC: 2025:KHC-D:67 CRL.P No. 102134 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102134 OF 2019 (482(CR.PC)/528(BNSS)) BETWEEN: MANJUNATH S/O NAGAPPA GOKAVI, AGE: 45 YEARS, OCC: BUSINESS, R/O: BELUR INDUSTRIAL AREA, DHARWAD. … PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH LOKAPUR PS, DISTRICT BAGALKOT. … RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C., PRAYING TO CALL FOR RECORDS IN CC NO.765/2012 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, MUDHOL AND QUASH A ORDER DATED 05/09/2018 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT SITTING AT JAMAKHANDI IN CRI.RP NO.21/2017 AND QUASH THE ORDER DATED 04/11/2016 IN CC NO.765/2012 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, MUDHOL, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 420, 406 AND 201 OF IPC, AND DISCHARGE THE PETITIONER (ACCUSED NO.3) HEREIN FROM THE OFFENCES PUNISHABLE UNDER SECTION 420, 406 AND 201 OF IPC IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS 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: 2025.01.21 09:48:56 +0530 - 2 - NC: 2025:KHC-D:67 CRL.P No. 102134 of 2019 ORAL ORDER 1. The petitioner, who is facing charges for offences punishable under Sections 420, 406, and 201 of the Indian Penal Code (for short, “IPC”), filed an application under Section 239 of the Criminal Procedure Code (for short, “Cr.P.C.”) seeking discharge. The learned trial Court rejected the said application, and the same was upheld by the learned Sessions Court. The prosecution’s case is that accused Nos. 1 and 2, who are engaged in the transport business, were entrusted with the responsibility of transporting cement to the JK Cement Factory in Mysore. However, instead of transporting the cement to the designated destination, they allegedly sold it to accused No. 3 at a lower price. 2. Heard learned counsel for the petitioner and the learned Additional Government Pleader for the respondent-State. 3. A perusal of the charge sheet material indicates that the sole allegation against accused No. 3 is that he purchased cement belonging to the complainant from accused Nos. 1 and 2 at a lower price. Except for this allegation, there is no other material implicating the petitioner. The petitioner has been implicated solely based on the confession statements of accused Nos. 1 and 2. In their voluntary statements, accused Nos. 1 and 2 admitted to selling the cement to accused No. 3 instead of transporting it to the depot of JK Cement Factory, Mysore. 4. To substantiate the allegation that accused No. 3 knowingly purchased the cement from accused Nos. 1 and 2, the - 3 - NC: 2025:KHC-D:67 CRL.P No. 102134 of 2019 prosecution has failed to produce any corroborative evidence. It is well-settled law that the confession statement of a co-accused is inadmissible in evidence, as provided under Section 25 of the Indian Evidence Act, 1872. Therefore, in the absence of any corroborative material to support the allegations against the petitioner, the continuation of criminal proceedings solely on the basis of the confession statements of the co-accused would amount to an abuse of the process of law.. Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The order dated 05.09.2018 passed by the I Additional District and Sessions Judge, Bagalkot sitting at Jamakhandi in Crl.R.P.No.21/2017 and the order dated 04.11.2016 passed by the Principle Civil Judge and JMFC, Mudhol, in C.C.No.765/2012 on the application filed under Section 239 of the Cr.P.C is hereby quashed and the application is allowed and Consequently, petitioner is discharged for the aforesaid offences. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK