Shankaragouda vs The State Of Karnataka
2026 Latest Caselaw 1813 Kant

Citation : 2026 Latest Caselaw 1813 Kant
Judgement Date : 25 February, 2026

[Cites 3, Cited by 0]

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

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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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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

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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.