- 1 - NC: 2025:KHC-D:936 CRL.P No. 103520 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103520 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHIVANAND S/O. PRAKASH INGALAGI AGE. 25 YEARS, OCC. AGRICULTURE, R/O. SONNA, TQ. BILAGI, DIST. BAGALKOT-587116. …PETITIONER (BY SRI. GIRISH A.YADAWAD, SMT. DIVYA J.DESHPANDE AND SRI. RAHUL S.KUNTOJI, ADVOCATES) AND: 1. STATE OF KARNATAKA REPRESENTED BY ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH NAVANAGAR BAGALKOT PS., BAGALKOT-587101. 2. H.R.PATIL AGE. MAJOR, OCC. POLICE OFFICER, R/O. MUDHOL CIRCLE MUDHOL, DIST. BAGALKOT-587313, REPRESENTED BY HCGP, DHARWAD. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.47/2022 PENDING ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND CJM, BAGALKOT, (NAVANAGAR P.S. CRIME NO.118/2020) FOR THE OFFENCES PUNISHABLE U/S 120B AND 420 OF IPC, IN SO FAR AS IT PERTAINS TO PETITIONER (ACCUSED NO.9). B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.23 11:47:02 +0530 - 2 - NC: 2025:KHC-D:936 CRL.P No. 103520 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who has been charge-sheeted for offences punishable under Sections 120B and 420 of the Indian Penal Code (IPC), is before this Court challenging the proceedings. 2. An FIR was registered against accused No.1 for offences punishable under Sections 120B and 420 IPC, alleging that on 22.11.2020, accused No.1 was using an electronic device to write answers during a constable examination. The invigilator apprehended him and seized the electronic device. Subsequently, the police conducted an investigation and submitted a charge sheet against accused No.1 and others for offences punishable under Sections 120B and 420 IPC. The learned Magistrate, upon accepting the charge sheet, took cognizance of the offences and issued summons. Aggrieved by this, the petitioner, arraigned as accused No.9, has approached this Court. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for the respondent- State. 4. During the course of the investigation, the police apprehended accused Nos.2 and 3, who had allegedly supplied the electronic device to accused No.1. During their interrogation, accused Nos.2 and 3 stated that similar electronic devices had been supplied to accused No.4 and others, including the petitioner (accused No.9). Based solely on the statements of accused Nos.2 and 3, the petitioner was arraigned as accused No.9. - 3 - NC: 2025:KHC-D:936 CRL.P No. 103520 of 2024 5. The prosecution seeks to implicate the petitioner based solely on the confession statements of co-accused Nos.2 and 3. However, except for the confession statements of the co-accused, there is no corroborative material to substantiate the allegation that accused Nos.2 and 3 supplied an electronic device to the petitioner. It is a settled principle of law that the confession statements of co-accused are inadmissible as evidence under Section 25 of the Indian Evidence Act. Therefore, in the absence of any recovery or corroborative material establishing that the petitioner received or used the alleged electronic device during the constable examination, the continuation of criminal proceedings against the petitioner amounts to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned proceedings C.C.No.47/20222 pending on the file of Principal Senior Civil Judge, and CJM Bagalkote, insofar as it relates to petitioner/accused No.9 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 3 Sl No.: 8