- 1 - NC: 2025:KHC-D:1533 CRL.P No. 100329 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100329 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. DWARAMPUDI VENKATA KRISHNA REDDY S/O. DWARAMPUDI PAPA REDDY, AGE. 60 YEARS, OCC. PROPRIETOR R/O. KPR CROP SCIENCE PVT. LITIMTED, 4-4 17/A3RD, OPP. SHETTAR SBM BANK, KARATAGI, KOPPAL-583229. 2. TIRUPATHI SUDHEER S/O. DURGA RAO AGE. 38 YEARS, OCC. CHEMIST, KPR AGRO CHEM LTD., R/O. 8-256, TATA NAGAR, BALABHADRAPURAM, ANDRAPRADESH-533343. 3. M. RAMAKRIHNA REDDY S/O. ADI REDDY AGE. 37 YEARS, OCC. MANAGER MARKET DEVELOPMENT, KPR AGRO CHEM LTD., R/O. 8-256, TATA NAGAR, BALABHADRAPURAM, ANDRAPRADESH-533343. 4. KOVOORI RAJASEKHAR S/O. KOVVURI APPA REDDY AGE. 48 YEARS, OCC. EXECUTIVE DIRECTOR, KPR AGRO CHEM LTD., R/O. 8-256, TATA NAGAR, BALABHADRAPURAM, ANDRAPRADESH-533343. 5. KARRI VENKATA MUKUNDA REDDY S/O SATYANARAYANA REDDY AGE. 68 YEARS, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:20 +0530 - 2 - NC: 2025:KHC-D:1533 CRL.P No. 100329 of 2025 OCC. MANAGING DIRECTOR, KPR AGRO CHEM LTD., R/O. R/O. 8-256, TATA NAGAR, BALABHADRAPURAM, ANDRAPRADESH-533343. 6. PAPAREDDI KOVOORI S/O. SATYAM AGE. 89 YEARS, OCC. CHAIRMAN, KPR AGRO CHEM LTD., R/O. 8-256, TATA NAGAR, BALABHADRAPURAM, ANDRAPRADESH-533343. …PETITIONERS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY THE BEERAPPA ASSISTANT AGRICULTURAL OFFICER FARMER LIASON, R/O. KARATAGI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ORDER DATED 02.07.2024 IN C.C.NO. 2538/2024 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI FOR OFFENCES P/U/SC. 9, 13(1), 17, 18(1) OF PESTICIDES ACT, 1968 AND QUASH THE PROCEEDINGS AGAINST THE ACCUSEDNO. 1 TO 6. OFFICE OBJECTIONS ARE COMPLIED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:1533 CRL.P No. 100329 of 2025 ORAL ORDER 1. The learned Additional Government Advocate accepts notice for the respondent/State. 2. The petitioners/accused Nos.1 to 6 have challenged the cognizance taken of the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, read with Sections 9, 13(1), 17, and 18(1) of the Pesticides Act, 1968 (for short, “the Act”). 3. The respondent filed a private complaint under Section 200 of the Criminal Procedure Code, 1973 (for short, “Cr.P.C.”), alleging that an inspection was conducted on 05.01.2023 at the warehouse of M/s. KPR Agro Chemicals Ltd. Samples of pesticides were collected and sent to the Chemical Analyst, who subsequently submitted a report stating that the samples were not in conformity with the prescribed specifications. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent. 5. Section 33 of the Pesticides Act deals with offences committed by companies and stipulates that whenever an offence under this Act is committed by a company, every person who, at the time of the offence, was in charge of or responsible for the conduct of the company’s business, as well as the company itself, shall be deemed guilty of the offence. 6. In the present case, the petitioners/accused Nos.1 to 6 are employees of the company and were not responsible for the - 4 - NC: 2025:KHC-D:1533 CRL.P No. 100329 of 2025 day-to-day business of the company. Since the company has not been made an accused in the proceedings, the officers/employees of the company cannot be held vicariously liable. In the absence of any specific allegations that the petitioners were responsible for the conduct of the day-to-day business of the company, and considering that the company itself has not been arraigned as an accused, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 2538/2024 on the file of the learned Principal Civil Judge and JMFC, Gangavathi, insofar as they pertain to the petitioners, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 22