- 1 - HC-KAR NC: 2025:KHC:50452 CRL.P No. 1175 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.1175 OF 2025 BETWEEN: LEO CARNELEO (LIO CLARENCE CARNELIO) S/O LATE F.X.CAMELIO AGED ABOUT 57 YEARS R/OF 'ASHRAYA' HOUSE NEAR ADARSHA BAKERY KAKKUNJE AMBAGILU, PUTTUR VILLAGE UDUPI TALUK, UDUPI DISTRICT - 576 232. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: STATE OF KARNATAKA UDUPI TOWN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER TAKING COGNIZANCE DATED 04.04.2018, IN CC NO. 638/2018 BY THE ON I ADDITIONAL CIVIL JUDGE AND JMFC UDUPI, REGISTERED BY UDUPI TOWN POLICE ON 26.08.2017, IN CRIME NO. 184/2017, FOR OFFENCES P/U/S 78(i)(iii) OF KP ACT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50452 CRL.P No. 1175 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned HCGP takes notice for the State. 2. The proceeding in C.C.No.638/2018 on the file of the Court of I Additional Civil Judge and JMFC, Udupi, is sought to be quashed insofar as the petitioner/accused No.2, on the ground that only on the voluntary statement of accused No.1, he has been arraigned as an accused, except that there are no other materials. 3. On a suo moto complaint lodged by the PSI of Town Police Station Udupi, FIR in Crime No.184/2017 was registered against accused Nos.1 and 2 for the offence punishable under Sections 78(1), 78(3) of the Karnataka Police Act, 1963. As per FIR, on 26.08.2017 at about 10.00 a.m., on receiving a credible information that a person is involved in gambling, i.e., matka jugari, by collecting money from the public, the complainant and other police officials went to the spot and apprehended the said accused, namely Abhishek/accused No.1. The said accused is alleged to have confessed that the present petitioner i.e., accused No.2 was involved in gambling and on the basis of - 3 - HC-KAR NC: 2025:KHC:50452 CRL.P No. 1175 of 2025 commission, he was collecting money from the public. From accused No.1, a cash of ₹ 420/-, matka chit, one ball pen were seized under a mahazar. 4. The charge sheet is filed against accused Nos.1 and 2. However, except the confessional statement of accused No.1, there is no other material collected to implicate the petitioner as an accused in the case. The confessional statement of the co-accused itself is not sufficient to hold that even the petitioner is involved in gambling. The proceedings before the trial Court against the petitioner is an abuse of process of the Court. Accordingly, the following ORDER Petition is allowed. The proceeding insofar as petitioner/accused No.2 in C.C. No.638/2018 pending on the file of the Court of I Additional Civil Judge and JMFC, Udupi, is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE AP,List No.: 1 Sl No.: 21