Karnataka High Court
Shankaragouda vs The State Of Karnataka on 25 February, 2026
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NC: 2026:KHC-K:1914
CRL.P No. 201217 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 201217 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
SHANKARAGOUDA
S/O MALKENDRAGOUDA BALAGANOOR
AGE: 60 YEARS, OCC: BUSINESS
R/O SANTE BAZAR, HUTTI TOWN
TQ: LINGASGURU
DIST: RAICHUR-584115
...PETITIONER
(BY SRI. SHIVANAND V. PATTANSHETTI., ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally signed by THROUGH HUTTI POLICE STATION
SHIVALEELA TQ: LINGASUGUR
DATTATRAYA
UDAGI DIST: RAICHUR-584115
Location: HIGH REPTD BY ADDL. SPP
COURT OF
KARNATAKA HIGH COURT OF KARNATAKA
KALABURAGI BENCH 585107
...RESPONDENT
(BY SRI.VEERANAGOUDA MALIPATIL, HCGP)
THIS CRL.P IS FILED U/SEC. 482 OF CR.P.C (OLD),
U/SEC. 528 OF BNSS (NEW) PRAYING TO QUASH THE
IMPUGNED ORDER OF TAKING COGNIZANCE AND ISSUE OF
PROCESS DATED: 30.08.2022 PASSED IN C.C. NO.1586/2022
(HUTTI PS CRIME NO.145/2022 DISTRICT RAICHUR) PENDING
ON THE FILE OF ADDL. CJ AND JMFC, LINGASUGUR, FOR THE
OFFENCES PUNISHABLE U/SEC.78 (III) OF THE KARNATAKA
POLICE ACT, DISTRICT RAICHUR.
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NC: 2026:KHC-K:1914
CRL.P No. 201217 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings against petitioner/accused No.2 in C.C.No.1586/2022, arising out of Crime No.145/2022, registered by Hutti Police, Raichur, for the offence punishable under Section 78(iii) of Karnataka Police Act, 1963 (for brevity "K.P. Act"), pending on the file of Addl. Civil Judge and JMFC, Lingasugur.
2. The factual matrix of the case is, on 26.07.2022 at about 06:00 p.m., one Ramalingappa i.e., Police Sub- Inspector of respondent-Police received credible information that near old bus stop, Hutti City, some unknown persons involved in playing Matka. Upon such information, along with panchas and the staff, he rushed to the spot. At that time, he came to know that in the said spot one person was sitting and receiving amount from the -3- NC: 2026:KHC-K:1914 CRL.P No. 201217 of 2025 HC-KAR public by playing matka and by offering Rs.80/- for Rs.1/- and also he was noting down the Matka chit number in a note book. Accordingly, respondent-Police arrested Adappa-accused No.1 and seized Rs.740/- cash, one pen and one matka chit, by drawing a panchanama. On enquiry, accused No.1 allegedly stated that he collected the amount to hand over the same to the petitioner, since the petitioner is conducting the said matka. Accordingly, FIR came to be registered against accused No.1 and the petitioner. Subsequently, respondent-Police laid charge sheet against the petitioner and another by arraying the petitioner as accused No.2 and learned Magistrate took cognizance of the offence. Aggrieved by the same, the petitioner/accused No.2 preferred this petition.
3. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
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NC: 2026:KHC-K:1914 CRL.P No. 201217 of 2025 HC-KAR
4. Learned counsel for the petitioner reiterated the grounds urged in the petition and prays to allow the petition.
5. Per contra, learned High Court Government Pleader opposed the prayer and seeks to dismiss the petition.
6. On perusal of the charge sheet materials, the same would go to show that except voluntary statement of accused No.1, absolutely there are no other materials collected by the Investigating Officer during the course of investigation to connect the petitioner in the alleged crime. Now it is well settled that, based on the voluntary statement of co-accused, the other accused cannot be implicated in the crime without any corroborative piece of evidence.
7. Learned High Court Government Pleader on instructions and on perusal of the entire charge sheet materials fairly submits that except voluntary statement of -5- NC: 2026:KHC-K:1914 CRL.P No. 201217 of 2025 HC-KAR accused No.1, no other materials are placed in the charge sheet to implicate the petitioner/accused No.2 in the alleged crime. In such circumstance, I am of the considered view that continuation of criminal proceedings against the petitioner/accused No.2 is abuse of process of Court. Accordingly, I proceed to pass the following:
ORDER i. The petition is allowed.
ii. The proceedings against petitioner/accused No.2 in C.C.No.1586/2022, arising out of Crime No.145/2022, registered by Hutti Police, Raichur, for the offence punishable under Section 78(iii) of Karnataka Police Act, 1963, pending on the file of Addl. Civil Judge and JMFC, Lingasugur, is hereby quashed.
Sd/-
(RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 43 CT-BH