- 1 - NC: 2025:KHC:612 CRL.P No. 13589 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.13589 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI SATHISH SADANANDA NAIK AGED ABOUT 37 YEARS S/O SADANANDA NAIK R/AT NO.175, AT HALGA VILLAGE BOLSHITTA POST, UTTAR KANNADA – 581 328. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY EXCISE DEPARTMENT BANTWALA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU 560 001. 2. LAXMAN DODDAPPA SHIVANGI EXCISE INSPECTOR BANTWAL ZONE BANTWAL – 574 211. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R-1) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.19/2023- 24/1512IE/151212 REGISTERED BY THE EXCISE DEPARTMENT BANTWALA RANGE FOR THE OFFENCE P/U/S 11, 14, 15, 32(1), 38(A), 43(A) OF KARNATAKA EXCISE ACT PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND J.M.F.C COURT, BANTWAL, AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:612 CRL.P No. 13589 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: “Wherefore, it is respectfully prayed that this Hon’ble Court be pleased to quash the FIR in Crime No.19/2023- 24/1512IE/151212 registered by the Excise Department, Bantwala Range for the offences punishable under Sections 11, 14, 15, 32(1), 38(A), 43(A) of Karnataka Excise Act pending on the file of Addl. Civil Judge & JMFC Court, Bantwal against the petitioner in the interest of justice.” 2. Learned counsel for the petitioner submits that the impugned proceedings are not sustainable and liable to be quashed having regard to the fact that no reasons have been recorded under Section 54 of the Karnataka Excise Act to believe that an offence has been committed by the petitioner. It is also submitted that without recording the grounds and notifying the petitioner about the grounds of arrest, the impugned order / proceedings are vitiated and deserves to be quashed in view of Section 58 of the Karnataka Excise Act. 3 In support of her contention, learned counsel for the petitioner relied upon the following judgments of this Court: (i) Shri. Kumar Vs. The State of Karnataka – Crl.P.No.102144/2024 dated 23.07.2024. - 3 - NC: 2025:KHC:612 CRL.P No. 13589 of 2024 (ii) G. Puttaraju Vs. State of Karnataka and another – Crl.P.No.20816/2023 dated 31.01.2024. 4. Per contra, learned HCGP for respondent No.1 submits that there is no merit in the petition and that the same is liable to be dismissed. 5. As rightly contended by learned counsel for the petitioner, the impugned proceedings are contrary to the aforesaid provisions as well as the judgments of this Court in Kumar’s case and Puttaraju’s case supra and accordingly, the impugned proceedings against the petitioner deserves to be quashed. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) FIR in Crime No.19/2023- 24/1512IE/151212 registered by the respondent – State against the petitioner is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 2 Sl No.: 63