- 1 - NC: 2025:KHC-D:1937 CRL.P No. 100206 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100206 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: HANUMANT S/O. SOMAPPA TALAWARA AGE. 32 YEARS, OCC. PRIVATE WORK, R/O. MENSAGERI VILLAGE, NOW AT. JUMLAPURA, TQ. KUSHTAGI, DIST. KOPPAL-583277. …PETITIONER (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT. DHARWAD, (THROUGH THAVARAGERA PS). …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.2/2023 PENDING ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC COURT AT KUSHTAGI ARISING OUT OF CRIME NO.126/2022 REGISTERED BY TAVAREGERA P.S. FOR OFFENCES PUNISHABLE U/S 15(a), 32(3) OF KARNATAKA EXCISE ACT, 1965. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:20:53 +0530 - 2 - NC: 2025:KHC-D:1937 CRL.P No. 100206 of 2025 ORAL ORDER The petitioner has been charge-sheeted for offences punishable under Sections 15(a) and 32(3) of the Karnataka Excise Act, 1965. 2. The prosecution alleges that, upon receiving credible information, a raid was conducted on the petitioner’s tin shop, where he sells egg rice in a public place. It was alleged that the petitioner was providing liquor to customers visiting his shop for consuming egg rice. Upon search, it was found that the customers who had come to the petitioner’s shop had brought liquor with them for consumption in a public place. During the raid, 12 Tetra Packs of Original Whiskey, containing a total of 1080 ML, were seized from the spot. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. 4. Admittedly, the petitioner was not selling liquor in a public place. Rather, the customers who had come to consume egg rice had brought liquor themselves. Upon seeing the raid team, the customers abandoned the said tetra packs containing whiskey, which were subsequently seized. The quantity of liquor seized was within the prescribed legal limit. Furthermore, there is no substantive evidence to establish that the petitioner was engaged in the sale of liquor in a public place without a valid license. Therefore, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. - 3 - NC: 2025:KHC-D:1937 CRL.P No. 100206 of 2025 5. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned proceedings in C.C.No.2/2023 pending on the file of the Additional Civil Judge and JMFC Court at Kushtagi insofar it relates to the petitioner herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:VH List No.: 1 Sl No.: 7