MAHAVEER S/O SHRIKANTHA ALAGUR vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026

BEFORE


THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO.103539 OF 2024
(482(Cr.PC)/528(BNSS))

BETWEEN:

MAHAVEER S/O. SHRIKANTHA ALAGUR,
AGE: 35 YEARS, OCC: EMPLOYEE IN PRIVATE
FIRM NOW AGRICULTURE,
R/O: MAIGUR – 587 119,
TQ: JAMAKHANDI, DIST: BAGALKOT.
… PETITIONER
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
THROUGH NAVANAGAR P.S., BAGALKOT.
… RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 528 OF
BHARATIYA NAGARIKA SURAKHSA SANHITA, BNSS, PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.47/2022
(NAVANAGAR P.S. CRIME NO.118/2020) FOR THE OFFENCES
PUNISHABLE U/S 120(B) AND 420 OF IPC ON THE FILE OF THE
PRL. SENIOR CIVIL JUDGE AND CJM., BAGALKOT INSOFAR AS
PETITIONER HEREIN (ACCUSED NO.2) IS CONCERNED, IN THE
INTEREST OF JUSTICE.













Digitally signed
by RAKESH S
HARIHAR
Location: High
Court of
Karnataka,
Dharwad Bench

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

1. The petitioner - accused No.2, is before this
Court seeking the following prayer:
“1. Quash the entire proceedings in C. C.
No.47/2022 (Navanagar P S Crime no.118/2020) for
the offences punishable under section 120 (B) and
420 of IPC on the file of the Prl. Senior Civil Judge &
CJM., Bagalkot in so far as Petitioner herein (Accused
No.2) is concerned, in the interest of justice.
2. Passing such other order(s) as this court may
deem fit based on facts and circumstances of the
case and in the interest of justice.”


2. The orders passed by the coordinate Benches of
this Court quashing the proceedings against all the other
accused are as follows:
In Crl.P. No.103778 of 2022:
“The FIR was registered against the
petitioner/accused No.1 for the offence punishabie
under Section 120 and 420 IPC alleging that the
accused No.1 on 22.11.2020 by using electronic
device, was writing answer in the constable
examination and at that point of time, invigilator
noticing the same apprehended him and seizes the
electronic device. Thereafter the Police conducted an
investigation and submitted charge sheet against the

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petitioner/accused No.17 and others for the offences
punishable under Sections 120 and 420 of IPC.
Learned Magistrate after accepting the charge sheet
took the aforesaid offences and issued summons.
Taking exception to the same, petitioner/accused
No.17 before this ourt.
2. Heard learned counsel for the petitioner
and learned HCGP for respondent-State.
3. Police during the course of investigation,
apprehended the accused Nos.2 and 3 who had
allegedly supplied electronic device to the accused
No.1 and during intogoration, accused Nos.2 and 3
have stated that similar electronic devices have been
supplied to accused No.17 and others and only on
the basis of statement of accused Nos.2 and 3, the
petitioner has been arraigned as accused No.17.
4. Section 114 of illustration (b) of the
Evidence Act, specifies that statement of an
accomplice is unworthy of credit, unless he is
corroborate by the materials particulars. In the
instant case, there is no recovery made from the
accused No.17 to substantiate the allegation that he
used electronic device to answer in the Police
constable examination arid charge sheet is filed on
the basis of statement of accused Nos.2 and 3 which
is impermissible in view of Section 114 illustration
(b) of Evidence Act. Hence, the continuation of the
criminal proceedings against the accused No.17 in
the absence of corroborative material will be an
abuse of process of law. Accordingly, I pass the
following:
ORDER
Criminal petition is allowed.
The impugned proceedings C.C.No.47/20222
pending on the file of Principal Senior Civii Judge,

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and CJM BAgalkote, insofar as it relates to

petitioner/accused No.17 is hereby quashed.”


In Crl.P. No.103274 of 2023:
Learned HCGP accepts notice for the
respondent - State.
2. The petitioner accused No.5 is sought to
be prosecuted for the offences punishable under
Sections 420 and 120B of the IPC. The summary of
the charge sheet is that accused No.1 on 22.11.2020
by using electronic device was writing answer in the
examination conducted for appointment to the post
of constable, and the invigilator noticing the same
apprehended him and seized the electronic device.
During the course of investigation, the Investigating
Officer apprehended accused Nos.2 and 3, who had
allegedly supplied electronic device to the accused
No.1, and during interrogation, accused Nos.2 and 3
have allegedly stated that similar electronic devices
were supplied to accused No.5 and others. The
petitioner has been arraigned as accused No.5, on
the basis of statement of accused Nos.2 and 3.
3. It is a settled law to the confession
statement of co-accused is inadmissible in law, as
stated under Section 25 of the Evidence Act.
4. In the instant case, there is no recovery
made from accused No.5 to substantiate the
allegation that he used electronic device to answer
the questions in the examination conducted to the
post of Police Constable, and the charge sheet is
filed only on the basis of statement of co-accused,
and the same is impermissible in law, as stated
under Section 25 of the Evidence Act. Therefore, the
continuation of the criminal proceedings will be an

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abuse of the process of law. Accordingly, I pass the
following:
ORDER
Criminal petition is allowed. The impugned
proceedings in C.C. No.47/2022 on the file of the
Principal Senior Civil Judge and CJM, Bagalakote,
insofar as petitioner accused No.5 is hereby

quashed.”
In Crl.P. No.100527 of 2025:
“Heard Sri. Raja Raghavendra Naik, the
learned counsel for the petitioners and Smt. Girija S.
Hiremath, the learned HCGP for respondent.
2. The petitioners are accused Nos.13 and
14. Qua the other accused, the Co-ordinate Bench of
this Court had quashed the proceedings. The same
reads as follows:
“1. The petitioner is before this
Court calling in question the proceedings in
C.C. No.47/2022 registered for the offence
punishable under Sections 120(B) & 420 of
the IPC.
2. Heard the learned counsel Shri
J.Basavaraj appearing for the petitioner and
the learned HCGp Shri V.S. Kalasurmath
appearing for the respondent - State. 7
3. Learned counsel for the
petitioner would submits that qua accused
Nos.10 & 17, this Court has already quashed
the proceedings. He would further submit
that the proceedings are quashed against the
agent and the alleged kingpin, the petitioner
being a student cannot be continue in the
web of crime in further. In the light of the
quashment of the proceedings, he would
seek the same relief that is granted by the
Co-ordinate Bench of this Court in Crl.P.

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No.103778/2022, disposed off on 28th
November 2022.
4. The Co-ordinate Bench held as
follows:
"The FIR was registered against the
petitioner/accused No.1 for the offence
punishable under Section 120 and 420 IPC
alleging that the accused No.1 on
22.11.2020 by using electronic device, was
writing answer in the constable examination
and at that point of time, invigilator noticing
the same apprehended him and seizes the
electronic device. Thereafter the Police
conducted an investigation and submitted
charge sheet against the petitioner/accused
No. 17 and others for the offences
punishable under Sections 120 and 420 of
IPC. Learned Magistrate after accepting the
charge sheet took the aforesaid offences and
issued summons. Taking exception to the
same, petitioner/accused No. 17 before this
ourt.
2. Heard learned counsel for the
petitioner and learned HCGP for respondent-
State.
3. Police during the course of
investigation, apprehended the accused
Nos.2 and 3 who had allegedly supplied
electronic device to the accused No.1 and
during intogoration, accused Nos.2 and 3
have stated that similar electronic devices
have been supplied to accused No.17 and
others and only on the basis of statement of
accused Nos.2 and 3, the petitioner has been
arraigned as accused No.17.
4. Section 114 of illustration (b) of the
Evidence Act, specifies that statement of an
accomplice is unworthy of credit, unless he is
corroborate by the materials particulars. In
the instant case, there is no recovery made
from the accused No.17 to substantiate the

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allegation that he used electronic device to
answer in the Police constable examination
and charge sheet is filed on the basis of
statement of accused Nos. 2 and 3 which is
impermissible in view of Section 114
illustration (b) of Evidence Act. Hence, the
continuation of the criminal proceedings
against the accused No.17 in the absence of
corroborative material will be an abuse of
process of law. Accordingly, I pass the
following:
ORDER
(i) Criminal petition is allowed.

(ii) The impugned proceedings
C.C.No.47/20222 pending on the file of
Principal Senior Civil Judge, and CJM
BAgalkote, insofar as it relates to
petitioner/accused No. 17 is hereby
quashed."
5. In the light of the issue standing
answered by the Co-ordinate Bench of this
Court, further proceedings would become an
abuse of process of law.
6. For the aforesaid reasons, the
following:
ORDER

(i) The petition is allowed.

(ii) The proceedings qua petitioner
stands quashed.”
3. The learned HCGP would not dispute the
position and accept the fact that qua the other
accused, the proceedings are quashed.
4. In that light, the petition deserves to
succeed. Accordingly, the following:

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ORDER
i. The Criminal Petition is allowed.
ii. The proceedings in C.C. No.47/2022
pending on the file of the Principal Senior Civil Judge
and CJM, Bagalkote, qua the petitioners, is
quashed.”


3. In the light of the petitioner also being dragged
into the web of proceedings on the basis of the voluntary
statement made by the co-accused, which has led to the
quashing of the proceedings against the other accused, as
all the accused are dragged on the basis of the statement
made by accused No.1. The petitioner, accused No.2, is
also entitled to the same relief as granted by the orders
passed by the coordinate Benches of this Court.

4. In that light, the following:
ORDER

(i) The criminal petition is allowed.

(ii) The entire proceedings in C.C. NO.47 of
2022 (Navanagar P.S. Crime No.118 of
2020) for the offences punishable under

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Sections 120(B) and 420 of IPC on the file
of the Prl. Senior Civil Judge and CJM,
Bagalkot insofar as the petitioner herein
(accused No.2) is concerned are hereby
quashed.

(iii) It is made clear that the benefit of
quashing shall not be applicable to any
other accused, particularly accused No.1,
against whom the proceedings have not
been quashed.



Sd/-
(M.NAGAPRASANNA)
JUDGE


VNP/CT: ASC
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