- 1 - NC: 2025:KHC-D:1416 CRL.P No. 103675 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103675 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. SHIVANAND S/O. BHIMAPPA BAGAYI (SHOWN IN THE CHARGE SHEET AS SHIVU SIR), AGE. 35 YEARS, OCC. PRIVATE SERVICE, R/O. LOLASUR VILLAGE-591307, TQ. GOKAK, DIST. BELAGAVI. …PETITIONER (BY SRI. G.B. NAIK AND SMT. P.G. NAIK, ADVOCATES) AND: 1. THE STATE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH KHADEBAZAR POLICE, BELAGAVI. 2. SHRI. H.D. MULLA POLICE INSPECTOR, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, PETITION FILED BY THE PETITIONER MAY BE ALLOWED AND THE ORDER DATED 03.07.2024 PASSED IN CRIMINAL CASE NO.2077/2024 TAKING COGNIZANCE OF THE OFFENCES PUNISHABLE U/S 417, 120(B), 511, 34 OF IPC, IN THE SAID CASE AND ISSUING PROCESS AND ENTIRE PROCEEDINGS IN CC NO.2077/2024 AGAINST THE PETITIONER/ACCUSED NO.2 BY THE JMFC-III, BELAGAVI BE SET ASIDE AND ALSO TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE U/S 417, 120(B), 511, 34 OF IPC BY THE KHADEBAZAR POLICE, BELAGAVI IN KHADEBAZAR P.S. CRIME NO.79/2021. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:59 +0530 - 2 - NC: 2025:KHC-D:1416 CRL.P No. 103675 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 1. The petitioner/accused No.2 has been prosecuted for the offences punishable under Sections 417, 120(B), 511, and 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’). 2. The prosecution’s case is that an FIR was registered against accused No.1, alleging that accused No.1 was found using an electronic device to write answers during the police constable examination. Upon noticing this, the invigilator apprehended accused No.1 and seized the electronic device. Subsequently, the police conducted an investigation and filed a charge sheet against the petitioner/accused No.2 and others for the aforementioned offences. The learned Magistrate accepted the charge sheet, took cognizance of the offences, and issued summons. Aggrieved by this, the petitioner/accused No.2 has approached this Court. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.1- State. 4. During the course of the investigation, the police apprehended accused No.1, who, in his confession statement, allegedly stated that accused No.2 had introduced him to accused No.3, who supplied the electronic devices. However, except for the confession statement of accused No.1, there is no corroborative material to substantiate the allegation that accused No.2 introduced - 3 - NC: 2025:KHC-D:1416 CRL.P No. 103675 of 2024 accused No.3 for the supply of electronic devices to be used during the police constable examination. 5. It is well-settled law that the confession statement of a co-accused is inadmissible as evidence under Section 25 of the Indian Evidence Act. Therefore, in the absence of any corroborative material to support the allegation that accused No.2 facilitated the introduction of accused No.3 for the supply of electronic devices, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 6. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.2077/2024 pending on the file of the JMFC-III, Belagavi, insofar as it relates to the petitioner – accused No.2 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 3 Sl No.: 3