- 1 - HC-KAR NC: 2025:KHC-D:10811 CRL.P No. 102845 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102845 OF 2025 (482(Cr.PC)/528(BNSS)-) BETWEEN: 1. ANAND S/O IRAPPA MYAKALI AGE. 30 YEARS, OCC. BUSINESS R/O. RAJAKATTI, TAL. HUKKERI DIST. BELAGAVI 591243. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADV) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DAHRWAD THROUGH YAMKANMARDI POLICE STATION. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP FOR RESPONDENT) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.400/2020 REGISTERED BY YAMKANMARDI POLICE STATION CRIME NO.259/2019, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, HUKKERI, FOR THE OFFENCES PUNISHABLE U/S 32, 34, 38(A) OF KARNATAKA EXCISE ACT, IN SO FAR AS PETITIONER/ACCUSED NO.3 IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10811 CRL.P No. 102845 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 is before this Court with a prayer to quash the entire proceedings in C.C.No.400/2020 pending before the Civil Judge and JMFC, Hukkeri, arising out of Crime No.259/2019 registered by Yamanakaradi Police Station, Belagavi, for the offences punishable under Sections 32, 34 and 38(A) of Karnataka Exercise Act, 1965. 2. Learned counsel for the petitioner submits that case against accused No.2 has already been quashed and the allegations against accused No.2 and the petitioner herein, who is arrayed as accused No.3 in the charge sheet are similar. The proceedings against accused No.2 have been quashed by the co-ordinate bench of this Court in Criminal Petition No.102161/2021. Accordingly, the petitioner prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:10811 CRL.P No. 102845 of 2025 3. Per contra, learned HCGP, who has opposed petition, does not dispute the submission made by learned counsel for the petitioner. 4. In Criminal Petition No.102161/2021, wherein the impugned criminal proceedings against accused No.2 has been quashed, the co-ordinate bench of this Court, in paragraph No.8 to 10, has observed as under: “8. It is undisputed that before conducting the raid alleging that accused No.1 was selling liquor unauthorizedly, the excise officials did not register the FIR at the first instance, but however, after investigation, registered the FIR against the petitioner and the same is in violation of Section 154(1) of Cr.PC. 9. The coordinate Bench of this Court in the case of Basavraj (supra) has held that conducting of raid by the excise officials without registering the FIR is untenable. Hence, the impugned FIR registered against accused No.2 is contrary to the procedure prescribed under Section 154 of IPC. 10. The petitioner – accused No.2 has been charge sheeted for the aforesaid offences merely on the statement of accused No.1, who alleged that the liquor stacked in his house for sale was procured from the shop of accused No.2. Except the said statement of accused No.1, no other corroborative material is collected by the Investigating Officer. The presumption of law under Section 114 of Indian Evidence Act says that: “The Court may presume the existence of any fact which it thinks likely to have happened, regard being - 4 - HC-KAR NC: 2025:KHC-D:10811 CRL.P No. 102845 of 2025 had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case”. Section 114 illustration (b) says that evidence of an accomplice or co-accused is unworthy of credit, unless he is corroborated in material particulars. Therefore, if there is corroborative material is available, mere statement of accused No.1 cannot be used against accused No.2 herein, when no other iota material is available on record. In the facts and circumstances case, the filing of charge sheet and taking cognizance for the offences against the petitioner is impermissible. Accordingly, I pass the following: ORDER i) Criminal petition is allowed; ii) The impugned proceedings in CC No.400/2020 pending on the file of the Civil Judge and JMFC, Hukkeri, insofar as it relates to the petitioner – accused No.2 is hereby quashed.” 5. In view of the aforesaid reasoning assigned by the co-ordinate bench of this Court while quashing the impugned proceedings against accused No.2, I am of the opinion that prayer made by the petitioner herein/accused No.3, who stands on the same footing, needs to be granted. - 5 - HC-KAR NC: 2025:KHC-D:10811 CRL.P No. 102845 of 2025 6. Accordingly the following: ORDER (i) The petition is allowed. (ii) The entire proceedings in C.C. No.400/2020 pending before the Court of the Civil Judge and JMFC, Hukkeri, arising out of Crime No.259/2019 registered by Yamkanmardi Police Station for the offence punishable under Section 32, 34, 38(A) of the Karnataka Exercise Act, 1965 stands quashed as against the petitioner herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 64