- 1 - NC: 2025:KHC-D:2966 CRL.P No. 102219 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102219 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: KUMARSWAMI T.R. AGE. 41 YEARS, OCC. ASSISTANT ENVIRONMENTAL OFFICER, REGIONAL OFFICE, PARISARA BHAVAN, HABBUWADA KARWAR. PRESENTLY WORKING AS ASSISTANT ENVIRONMNETAL OFFICER, REGIONAL OFFICE, HOSKOTE, NISARGA BHAVAN, GROUND FLOOR, THIMMAIAH ROAD, 7TH D CROSS, SHIVNAGAR, OPP. PUSHPANJALI THEATRE, BENGALURU-500010. …PETITIONER (BY SRI. ARAVIND D.KULKARNI, ADVOCATE) AND: STATE OF KARNATAKA LOKAYUKTA POLICE STATION, UTTAR KANNADA DISTRICT, KARWAR REPRESENTED BY DY.S.P.LOKAYUKTA, UTTAR KANNADA DISTRICT, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SRI. G.I.GACHCHINAMATH, ADVOCATE) THIS CRIMINAL PETITION FILED U/SEC 482 OF CR.P.C. SEEKING TO, QUASH THE CHARGE SHEET AS WELL AS ORDER DATED 20/11/2018 (PRODUCED AS ANNEXURE-D) PASSED IN SPECIAL CASE NO. 84/2018 BY SPECIAL JUDGE, PRL. DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA DISTRICT, KARWAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:43 +0530 - 2 - NC: 2025:KHC-D:2966 CRL.P No. 102219 of 2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 7,13(1) (d), 13(2) OF PREVENTION OF CORRUPTION ACT AGAINST THE PETITIONER I.E, ACCUSED NO.2. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused No.2, who has been charge- sheeted for offences punishable under Sections 7, 13(1)(d), and 13(2) of the Prevention of Corruption Act, 1988, has approached this Court seeking quashing of the criminal proceedings. 2. The prosecution alleges that accused No.1, a Senior Environmental Officer, demanded a gratification of ₹10,000/- from the complainant for issuing a No Objection Certificate (NOC) for establishing a cashew nut processing unit. During the trap, accused Nos.1 and 3 were caught red-handed while accepting the gratification amount. 3. It is further alleged that out of ₹10,000/-, a sum of ₹2,000/- was to be paid to accused No.2, who was working as an Assistant Environmental Officer. 4. The learned counsel for the petitioner/accused No.2 submits that the petitioner has been implicated solely on the basis of the confession statement of accused No.1, without any corroborative evidence to establish that ₹2,000/- was meant for accused No.2. It is contended that the continuation of criminal - 3 - NC: 2025:KHC-D:2966 CRL.P No. 102219 of 2023 proceedings based solely on the confession of a co-accused is inadmissible in law. 5. In response, the learned counsel for the respondent – Lokayukta submits that the charge-sheet material indicates that ₹2,000/- out of the gratification amount was to be shared with accused No.2, and therefore, the veracity of the allegations must be tested at trial rather than at this stage. Accordingly, it is argued that the petition should be dismissed. 6. The arguments of the learned counsel for both parties have been duly considered. 7. A perusal of the charge-sheet material indicates that accused No.1 demanded ₹10,000/- as gratification, and during the trap, accused Nos.1 and 3 were caught red-handed while accepting the amount. The sole basis of the allegation against accused No.2 is the voluntary statement of accused No.1, wherein it is claimed that ₹2,000/- was to be shared with accused No.2. 8. It is a well-settled principle of law that a confession made to the police is inadmissible under Section 25 of the Indian Evidence Act, 1872. In the absence of any independent corroborative material to substantiate the claim that ₹2,000/- from the gratification amount was meant for accused No.2, the continuation of criminal proceedings against the petitioner would amount to an abuse of process of law. 9. Accordingly, the petition is allowed, and the impugned proceedings in Special Case No.84/2018, pending before the - 4 - NC: 2025:KHC-D:2966 CRL.P No. 102219 of 2023 learned Special Judge, Principal District and Sessions Judge, Uttar Kannada District, Karwar, insofar as they relate to the petitioner/accused No.2, are hereby quashed. 10. The learned Sessions Judge is directed to proceed against the remaining accused in accordance with law, without being influenced by any observations made in this order, as such observations are limited to the adjudication of this petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 3 Sl No.: 14