- 1 - NC: 2025:KHC-D:3280 CRL.P No. 102793 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102793 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. VIJAY S/O. LACHAMAPPA LAMANI AGE. 27 YEARS, OCC. AGRICULTURE, R/O. HALAVRTHI VILLAGE, TQ. AND DIST. KOPPAL-583230. 2. SRI. MAHANTESH S/O. YANKAPPA DAVU AGE. 33 YEARS, OCC. AGRICULTURE, R/O. YALAMAGERI VILLAGE, TQ. AND DIST. KOPPAL-583231. …PETITIONERS (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: STATE OF KARNATAKA KOPPAL RURAL PS POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. ASHOK T. KATTIMANI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ORDER DATED 06.03.2024 IN CC NO.701/2024 PASSED BY THE ADDL.CIVIL JUDGE AND JMFC KOPPAL FOR THE OFFENCES PUNISHABLE U/S 87 OF KARNATAKA POLICE ACT, IN CRIME NO.36/2024 IN KOPPAL RURAL POLICE B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:24 +0530 - 2 - NC: 2025:KHC-D:3280 CRL.P No. 102793 of 2024 STATION AND ALLOW THE ABOVE CRIMINAL PETITION AS AGAINST ACCUSED NO.4 AND 6 ARE CONCERNED. 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 petitioners/accused Nos. 4 and 6, who have been charge-sheeted for the offence punishable under Section 87 of the Karnataka Police Act, 1963 (KP Act), are before this Court seeking relief. 2. The prosecution alleges that, based on credible information that some unknown persons were playing Andar-Bahar (matka) near Kamanur Lake, the complainant, along with panchas, went to the spot. Upon inspection, four persons were apprehended, and on the basis of the confession statement of a co-accused, these petitioners were subsequently arrayed as accused. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent/State. 4. The offence under Section 87 of the KP Act is non- cognizable. As per Section 155(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.), the police were required to obtain an order before conducting any investigation. In the instant case, although the police obtained an order under Section 155(2) of the Cr.P.C. after conducting a raid, the investigation culminating in - 3 - NC: 2025:KHC-D:3280 CRL.P No. 102793 of 2024 taking cognizance is vitiated due to non-compliance with the mandatory procedural requirement. 5. The prosecution has not placed any material to substantiate that the Andar-Bahar game is a game of chance rather than a game of skill. In the absence of any evidence demonstrating that the petitioners were involved in a game of chance, the prosecution of the petitioners is unsustainable. 6. Accused Nos. 4 and 6 were charged solely on the basis of the confession statement of a co-accused. It is a settled principle of law that any confession made by an accused while in police custody is inadmissible under Section 25 of the Indian Evidence Act, 1872, unless supported by corroborative material. Moreover, an accused cannot be subjected to trial solely on the basis of such a confession. In the present case, even if the allegations against accused Nos. 4 and 6 are taken at face value, they do not satisfy the essential ingredients required to constitute the offence alleged. 7. Therefore, in the absence of any corroborative material to substantiate the allegations against the petitioners, the continuation of criminal proceedings based solely on the voluntary statement of a co-accused—which is inadmissible in law—would amount to an abuse of the process of law. 8. Accordingly, I pass the following: ORDER i) The petition stands allowed. - 4 - NC: 2025:KHC-D:3280 CRL.P No. 102793 of 2024 ii) The impugned proceedings in CC No.701/2024 pending on the file of the learned Addl. Civil Judge and JMFC, Koppal, insofar as it relates to the petitioners – accused Nos.4 & 6 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 8