- 1 - HC-KAR NC: 2025:KHC-D:10075 CRL.P No. 103070 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103070 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: B. NAGAVENI W/O B. NAGARAJA, AGE. 60 YEARS, OCC. BUSINESS, R/O. NO.327 DURUGAMMA SEDU BHAVI BADAVANE, SHIVAPURA KUDLIGI, DIST. BALLARI-583 135. … PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH EXCISE POLICE STATION, RANGE 1 KUDLIGI, SUB DIVISION, HOSAPETE, DIST. VIJAYANAGAR, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.48/2024 (IN EXCISE POLICE STATION, HOSAPETE SUB DIVISION, KUDLGI RANGE CRIME NO.28/2022-23/0803SIE/080310) ON THE FILE OF CIVIL JUDGE AND JMFC COURT, KUDLGI, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 11, 14, 15, 32(1), 38(A) AND 43 OF KARNATAKA EXCISE ACT, IN SO FAR AS ACCUSED NO.3/PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10075 CRL.P No. 103070 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 is before this Court under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.48/2024 pending before the Court of Civil Judge and JMFC, Kudligi arising out of Crime No.28-2022- 23/0803SIE/080310 registered by Excise Police Station, Hosapete Sub Division, Kudligi Range for the offences punishable under Sections 11, 14, 15, 32(1), 38(A) and 43 of Karnataka Excise Act, 1965. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioner submits that the petitioner is a holder of valid license for sale of liquor. Allegation in the charge sheet against the petitioner is that accused Nos.1 and 2 who were found transporting liquor in excess of permissible limit had purchased the said liquor from the shop of the petitioner. On the said allegation the petitioner cannot be prosecuted for the alleged offences. He accordingly, prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:10075 CRL.P No. 103070 of 2024 4. Learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 5. Material on record would go to show that, on 02.04.2023, the Excise Police, Kudligi Range had received credible information that in three-wheeler vehicle liquor was being illegally transported. When the Excise Police were on patrolling duty, they found two persons traveling in a three- wheeler vehicle and on interception of the said vehicle it was found that they were transporting 328.320 liters of liquor and 39.360 liters of beer illegally in the autoriksha bearing registration No.KA-35-D-0878. On enquiry, they allegedly informed that they had purchased the said liquor and beer from accused No.4, who is working as a vendor in the shop of accused No.3. It is under these circumstances, charge sheet has been filed against four persons in the present case. The petitioner is arrayed as accused No.3 in the charge sheet. Undisputedly, she is holding valid license issued under the Karnataka Excise Act for vending liquor. Allegation in the - 4 - HC-KAR NC: 2025:KHC-D:10075 CRL.P No. 103070 of 2024 charge sheet is that accused Nos.1 and 2 had approached the shop belonging to the petitioner and had purchased liquor which they were found transporting. 6. The petitioner who is a lady, aged about 60 years had valid license for vending liquor. Merely for the reason that accused Nos.1 and 2 were transporting liquor in excess of permissible limit, the petitioner who is the owner of the liquor shop cannot be prosecuted for the alleged offences. The continuation of impugned proceedings as against the petitioner would amount to abuse of process of law and the impugned proceeding is likely to cause untold hardship and embarrassment to the petitioner, who is a lady. Under these circumstances, I am of the opinion that, it is a fit case wherein this Court needs to exercise its power under Section 482 of Cr.P.C, for securing the ends of justice. 7. Accordingly, the following :- ORDER (i) Criminal petition is allowed. (ii) The entire proceedings in C.C.No.48/2024 pending before the Court of Civil Judge and - 5 - HC-KAR NC: 2025:KHC-D:10075 CRL.P No. 103070 of 2024 JMFC, Kudligi arising out of Crime No.28- 2022-23/0803SIE/080310 registered by Excise Police Station, Hosapete Sub Division, Kudligi Range for the offences punishable under Sections 11, 14, 15, 32(1), 38(A) and 43 of Karnataka Excise Act, 1965 is quashed as against petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK