Karnataka High Court
Maskiyappa vs The State Of Karnataka on 27 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:1343
CRL.P No. 201635 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201635 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
MASKIYAPPA S/O HANUMANTHA
AGE:39 YEARS, OCC:LABOURER,
R/O. JAMBUNATHHALLI, GANDHI NAGAR,
LINGASUGUR, DIST.RAICHUR-584101.
...PETITIONER
(BY SRI. SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
Digitally signed THE STATE OF KARNATAKA THROUGH,
by SHIVAKUMAR HUTTI POLICE STATION, TQ.LINGASUGUR,
HIREMATH
Location: HIGH DIST.RAICHUR-582385.
COURT OF R/BY ADDL. SPP HIGH COURT OF KARNATAKA,
KARNATAKA
KALABURAGI BENCH - 585107
...RESPONDENT
(BY SMT. MAYA T.R., HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528
OF BNSS (NEW) PRAYING TO QUASH THE ORDER OF TAKING
COGNIZANCE AND ISSUE OF PROCESS DATED 10-04-2023
PASSED IN CC NO. 238/2023 (HUTTI PS CRIME NO. 31/2023
DISTRICT RAICHUR) FOR THE OFFENCE PUNISHABLE U/SEC.
78(III) OF KARNATAKA POLICE ACT PENDING ON THE FILE OF
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CRL.P No. 201635 of 2024
ADDL. CIVIL JUDGE AND JMFC COURT, LINGASUGUR,
DISTRICT RAICHUR.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Learned High Court Government Pleader accepts notice for respondent.
2. Accused No.2 is before this Court under Section 528 of Bharatiya Nyaya Suraksha Sanhita, 2023, with a prayer to quash the entire proceedings in C.C.No.238/2023, pending before the Court of Additional Civil Judge and JMFC, Lingasugur, Raichur district arising out of Crime No.31/2023, registered by Hutti Police Station, Raichur district, for offences punishable under Section 78(iii) of the Karnataka Police Act, 1963.
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 submits that except the confession statement of accused No.1, there is absolutely no other material to connect the petitioner to the alleged crime. Accordingly, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader, who has opposed the petition, submits that statement of other witnesses could also go to show that petitioner was collecting matka money from accused No.1. Accordingly, he prays to dismiss the petition.
6. Perusal of the material on record would go to show that on receipt of credible information on 24.02.2023, raid was conducted to the alleged spot, where illegal activity of matka was being carried. From the alleged spot, accused No.1 was apprehended and from his possession, cash of Rs.1,180/-, matka papers and one ball pen was recovered. Accused No.1 on enquiry allegedly informed the police officer that the amount, which he had collected was being paid by him to accused No.2. It is in -4- NC: 2025:KHC-K:1343 CRL.P No. 201635 of 2024 this background, FIR has been registered against the petitioner. After completion of the investigation, charge sheet has been filed against two persons and the petitioner herein is arrayed accused No.2 in the charge sheet.
7. Perusal of the charge sheet material also would go to show that except the confession statement of accused No.1, there is absolutely no other material collected by the Investigation Officer during the course of investigation to connect the petitioner to the alleged crime. No corroborative material in support of the allegation made pursuant to the confession statement allegedly given by accused No.1 has been collected by the prosecution in the present case. Even the other witnesses, whose statement have been recorded in the present case have only stated that they have heard accused No.1 stating that the amount collected by him was being handed over to accused No.2.
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8. Under the circumstances, I am of the opinion that continuation of further proceedings in the present case as against the petitioner would amount to abuse of process of law and accordingly, following order is passed:
ORDER a. The criminal petition is allowed.
b. The entire proceedings in C.C.No.238/2023, pending before the Court of Additional Civil Judge and JMFC, Lingasugur, Raichur district arising out of Crime No.31/2023, registered by Hutti Police Station, Raichur district, for offence punishable under Section 78(iii) of the Karnataka Police Act, 1963, as against the petitioner/accused No.2 stands quashed.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 57 CT:PK