- 1 - HC-KAR NC: 2025:KHC-K:3018 CRL.P No. 200695 of 2025 C/W CRL.P No. 200694 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200695 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO.200694 OF 2025 (482(Cr.PC)/528(BNSS)) IN CRL.P.NO.200695/2025: BETWEEN: MADHUKAR S/O VEERSHETTY BIRADAR, AGE:40 YEARS, OCC: BUSINESSMAN, R/O. BAGDAL NOW AT CHITTGUPPA, TQ.CHITGUPPA, DIST.BIDAR. …PETITIONER (BY SRI AVINASH A. UPLAONKAR, ADVOCATE) AND: THE STATE THORUGH POLICE HALLIKHED P.S, DIST.BIDAR, NOW REPRESENTED BY, ADDL. SPP HIGH COURT OF KARNATAKA, KALABARAGI BENCH-585107 …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3018 CRL.P No. 200695 of 2025 C/W CRL.P No. 200694 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO EXERCISE INHERENT POWERS U/SEC. 528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN CC NO.2341/2024 (CRIME NO.143/2023 OF HALLIKHED POLICE STATION, DIST. BIDAR) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC COURT AT HUMNABAD, AGAINST THE PETITIONER. IN CRL.P.NO.200694/2025: BETWEEN: MADHUKAR S/O VEERSHETTY BIRADAR, AGE:40 YEARS, OCC: BUSINESSMAN, R/O. BAGDAL NOW AT CHITTGUPPA, TQ.CHITGUPPA, DIST.BIDAR. …PETITIONER (BY SRI AVINASH A. UPLAONKAR, ADVOCATE) AND: THE STATE THROUGH, POLICE CHITTGUPPA PS, DIST.BIDAR, NOW REPRESENTED BY, ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH – 585107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO EXERCISE INHERENT POWERS U/SEC. 528 OF BNSS, EXAMINE THE RECORDS AND QUASH - 3 - HC-KAR NC: 2025:KHC-K:3018 CRL.P No. 200695 of 2025 C/W CRL.P No. 200694 of 2025 THE PROCEEDINGS IN CC NO.3386/2024 (CRIME NO.79/2023 OF CHITTAGUPPA POLICE STATION, DIST. BIDAR) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC COURT AT HUMNABAD, AGAINST THE PETITIONER. THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Avinash A. Uplaonkar, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent. 2. These petitions under Section 528 of BNSS, 2023, with the following prayers: In W.P.No.200694/2025 “Wherefore, it is prayed that the Hon’ble Court be pleased to exercise inherent powers - 4 - HC-KAR NC: 2025:KHC-K:3018 CRL.P No. 200695 of 2025 C/W CRL.P No. 200694 of 2025 under Section 528 of BNSS, examine the records and quash the proceedings in C.C.No.3386/2024 (Crime No.79/2023 of Chitaguppa Police Station, Dist: Bidar) for the offence punishable under Section 3 and 7 of Essential Commodities Act, 1955, pending before the Addl. Civil Judge and JMFC Court at Humnabad, against the petitioner, in the interest of justice and equity.” In W.P.No.200695/2025 “Wherefore, it is prayed that the Hon’ble Court be pleased to exercise inherent powers under Section 528 of BNSS, examine the records and quash the proceedings in C.C.No.2341/2024 (Crime No.143/2023 of Hallikhed Police Station, Dist: Bidar) for the offence punishable under Section 3 and 7 of Essential Commodities Act, 1955, pending before the Addl. Civil Judge and JMFC Court at Humnabad, against the petitioner, in the interest of justice and equity.” 3. Mrs.Bindushree being the Food Inspector, Tahasil Office, Humnabad, Bidar district lodged a complaint with Hallikhed and Chitaguppa Police Stations, - 5 - HC-KAR NC: 2025:KHC-K:3018 CRL.P No. 200695 of 2025 C/W CRL.P No. 200694 of 2025 Bidar respectively, by contending that she had a received credible information that somebody has illegally stored rice bags meant for public distribution. 4. Accordingly, she raided the alleged place along with the punch witnesses, other sub staff, police personnel and seized 25.98 quintal 32.5 quintal of rice, respectively and drew seizure panchanama. On enquiry, she came to know from other accused persons that the said rice was stored to be sold to the present petitioner and in fact such transactions have taken place earlier. 5. Based on the said information, present petitioner is also arraigned as an accused and charge sheet came to be filed. 6. It is the contention of the counsel for petitioner that except the statement of co-accused, no other material is collected by the Investigation Agency to arraign the present petitioner as an co-accused in the alleged cases, which has resulted in miscarriage of justice and sought for - 6 - HC-KAR NC: 2025:KHC-K:3018 CRL.P No. 200695 of 2025 C/W CRL.P No. 200694 of 2025 allowing the petitions and quash the pending criminal proceedings against the petitioner herein. 7. Per contra, learned High Court Government Pleader supports filing of the charge sheet on the ground that earlier there were transactions, where the rice meant for PDS distribution has been sold by the other accused persons to the present petitioner. Therefore, expecting the positive evidence in this regard, except the statements given by the co-accused, is difficult and therefore, criminal cases have to be continued as against the present petitioner also. 8. Having heard the arguments, this Court perused the material on record meticulously. On such perusal of the material on record, it is crystal clear that 25.98 and 32.5 quintals of rice meant for PDS distribution is seized by the Food Inspector. 9. After arresting the concerned persons, enquiry has taken place wherein the co-accused persons has - 7 - HC-KAR NC: 2025:KHC-K:3018 CRL.P No. 200695 of 2025 C/W CRL.P No. 200694 of 2025 revealed the name of the present petitioner that the said rice was stored for sale to the present petitioner. Except such statement, there is no other material on record. 10. It is settled principles of law and requires no emphasis that statement of the co-accused alone is not sufficient enough to arraign a particular person as an accused, unless there is any other corroborative material is collected by the Investigation Agency 11. On instructions, learned High Court Government Pleader submits that no other material is collected so as to arraign the present petitioner as an accused in the present cases. Taking note of this aspect of the matter, this Court is of the considered opinion that continuation of the criminal cases as against the present petitioner would result in abuse of process of Court, warranting this Court to quash pending proceedings only as against present petitioner. Hence, following: - 8 - HC-KAR NC: 2025:KHC-K:3018 CRL.P No. 200695 of 2025 C/W CRL.P No. 200694 of 2025 ORDER a) Criminal petitions are allowed b) Pending proceedings in C.C.No.2341/2024 (Crime No.143/2023 of Hallikhed Police Station, Bidar) and C.C.No.3386/2024 (Crime No.79/2023 of Chitaguppa Police Station, Bidar), against the petitioner herein is hereby quashed. c) It is made clear that this Court has not expressed any opinion on the merits of the matter insofar as the other accused persons are concerned. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 46 CT:PK