- 1 - HC-KAR CNR: KAHC010404952019 NC: 2026:KHC:37176 CRL.P No. 5478 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 5478 OF 2019 BETWEEN: SRI CHANDRAPPA S/O DYAMAPPA, AGED ABOUT 52 YEARS, OCC:AGRICULTURE, R/AT HULIKATTE VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT - 577 512. …PETITIONER (BY SRI SAGAR B.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHITRADURGA TOWN POLICE STATION, CHITRADURGA-577501 REP BY PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. SOMASHEKARAPPA S/O CHANNAVEERAPPA, AGED MAJOR, OCC: EXECUTIVE ENGINEER, O/AT MINOR IRRIGATION DIVISION OFFICE, CHITRADURGA TOWN, CHITRADURGA - 577 501. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; R2 - SERVED & UNREPRESENTED) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010404952019 NC: 2026:KHC:37176 CRL.P No. 5478 of 2019 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.1671/2019 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, CHITRADURGA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging proceedings in CC no.1671/2019 on file of Principal Civil Judge and JMFC, Chitradurga, this petition is filed. 2. Sri Sagar BB, learned counsel for petitioner submitted that petitioner was accused no.3 in FIR registered by Chitradurga Police Station in Crime no.369/2017 on a complaint by respondent no.2 dated 31.08.2017. It was submitted that after investigation, charge sheet was filed on 18.06.2019 arraigning petitioner as accused no.3. A perusal of charge sheet and material based on which same was filed would indicate that only basis for implicating petitioner was confessional statement of accused no.1 stating that forgery of signature of Minister by accused no.1 was at instance of accused no.3. It was submitted - 3 - HC-KAR CNR: KAHC010404952019 NC: 2026:KHC:37176 CRL.P No. 5478 of 2019 that Hon'ble Supreme Court in case of Karan Talwar v. The State of Tamil Nadu [2024 INSC 1012] had held that no evidentiary value could be attached to statement of a co- accused and it would be miscarriage of justice if a person is forced to stand trial based only on statement of co-accused and allowed application for discharge. It has submitted that petitioner stands on similar footing and sought for allowing petition. 3. Smt.Sowmya.R, learned HCGP sought to oppose petition. 4. Heard learned counsel and perused material on record. 5. This petition is by accused no.3 challenging charge sheet and entire proceedings against him on ground that only basis for arraignment of petitioner was statement of co- accused, which would not constitute evidence. As submitted, Hon'ble Supreme Court in Karan Talwar's case as well as this Court in Crl.P.no.4263/2020 disposed of on 13.01.2021 (Badrul Muneer) referring to decision of Hon'ble Supreme Court in Surinder Kumar Khanna v. Intelligence Officer, - 4 - HC-KAR CNR: KAHC010404952019 NC: 2026:KHC:37176 CRL.P No. 5478 of 2019 Directorate of Revenue Intelligence reported in (2018) 8 SCC 271 have held that statement of co-accused would not constitute evidence and proceeding on basis of co-accused would therefore require to be quashed. A perusal of charge sheet would indicate that only basis for arraignment of petitioner is statement of accused no.1. There is no mention of petitioner's name in complaint. 6. In view of above, proceedings against petitioner- accused no.3 would not stand in law. Petition is allowed, proceedings in CC no.1671/2019 on file of Principal Civil Judge and JMFC, Chitradurga, stand quashed qua petitioner-accused no.3. Sd/- (RAVI V HOSMANI) JUDGE YKL List No.: 1 Sl No.: 14