- 1 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10639 OF 2024 BETWEEN: SRI. B M BHAGAWAN S/O LATE MANJEGOWDA, AGED ABOUT 51 YEARS R/AT 11/177, BELUR & CO-WINES MUDIGERE ROAD BELUR, BELUR HASSAN KARNATAKA BELUR-573115. …PETITIONER (BY SRI. YADUNANDAN N., ADVOCATE) AND: THE STATE BY KARNATAKA EXCISE DEPARTMENT HASSAN SUB DIVISION, REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SRI. M.R. PATIL., HCGP) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNNS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR CRIME NO.12/2023-24 REGISTERED BY EXCISE Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 POLICE STATION, BELUR AND ENTIRE PROCEEDINGS IN C.C.NO.154/2024 ON THE FILE OF THE CIVIL JUDGE AND JMFC BELUR FOR THE OFFENCE P/SU/ 14,15,32(1) AND 38(A) OF KARNATAKA EXCISE ACT 1965 BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: “WHEREFORE, the petitioner respectfully pray that the Hon’ble Court may be pleased to quash the FIR Crime No.12/2023-24 registered by Excise Police Station, Belur and entire proceedings in C.C.No.154/2024 on the file of Civil Judge and JMFC, Belur for the offences punishable under Sections 14, 15, 32(1) and 38(A) of the Karnataka Excise Act, 1965, by allowing this petition in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 3. A perusal of the material on record will indicate that the respondent has initiated impugned proceedings against the petitioner-A3 and two other persons i.e., Ningaraju and Nagendra-Accused Nos.1 and 2 for the alleged offenses punishable under Sections 14, 15, 32(1) and 38(A) of the Karnataka Excise Act, 1965. It was contended that the petitioner did not possess CL-7 and CL- 9 licenses and was selling liquor which was punishable under the aforesaid provisions. Under identical circumstances, in relation to holder of CL-7 and CL-9 licenses, this Court quashed the impugned proceedings as hereunder: In CRL.P.No.172/2025: “In this petition, the petitioners seek the following reliefs: "WHEREFORE, the Petitioners respectfully pray that the Hon'ble Court may be pleased to quash the FIR Crime No.08/2023-24 registered by Excise Police Station, Belur, and entire proceedings in C.C.No.470/2024 on the file of Civil Judge and JMFC, Belur for the offences punishable Sections 14, 15, 32(1) and 39(A) of the Karnataka Excise - 4 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 Act 1965, by allowing this petition in the interest of justice and equity." 2. A perusal of the material on record would indicate that the respondent filed a complaint against the petitioners/accused nos.2 to 4 registered as FIR in Cr.No.8/2023-2024 for the offences punishable under Sections 14, 15, 32(1) and 38(A) of Karnataka Excise Act. In this context, a perusal of the complaint would indicate that the violation/allegations are primarily directed as against accused No.1 - Lokesh and not against the petitioners/accused No. 2 to 4. In fact under identical circumstances, accused No.1 - Lokesh, was alleged to have been selling liquor without valid licence or permit. In fact petitioners No.1 and 2/accused No.2 and 3 are joint holders of CL-7 and CL-9 licence, while petitioner No.3 is also a holder of CL-7 and CL-9 licence which permit them to sell liquor in Boarding and Lodging establishments across various areas. It is therefore clear that the only person who could have been incriminated for the - 5 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 alleged offences is accused No.1, who is said to have been selling liquor without holding a valid licence or permit. Under identical circumstances in relation to the very same petitioner No.1, in Crl.P.No.10217/2024, this court held as under: "ORAL ORDER The petitioner, Accused No. 3, has been charge-sheeted for offences under Sections 14, 15, 32(1), and 38(A) of the Karnataka Excise Act, 1965, and seeks relief from this Court. 2. The prosecution alleges that on March 8, 2023, credible information was received about unauthorized liquor sales at a shop. Acting on this, the complainant, and his staff conducted a raid, discovering Accused No. 1 selling liquor without a valid license or permit. Accused No. 2 is identified as the shop's owner, while Accused No. 3 holds a CL-7 license and allegedly supplied the seized liquor to Accused No. 1. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent State. - 6 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 4. The liquor seized from Accused No. 1 was sent to the Karnataka State Breweries Corporation Limited, which opined that the liquor had been distributed by the Corporation to Accused No. 3. However, merely establishing that the seized liquor originated from Accused No. 3 does not substantiate claims that Accused No. 3 violated the terms and conditions of the license or provisions of the Karnataka Excise Act and its Rules. 5. In the absence of substantive evidence indicating that the petitioner violated license conditions or sold liquor exceeding the quantity prescribed under Rule 21 of the Excise Rules, continuing criminal proceedings would constitute an abuse of the legal process. 6. Accordingly, the petition is allowed. 7. The impugned proceedings in C.C.No.732/2023 on the file of the learned Civil Judge and JMFC, Belur, insofar as they relate to the petitioner, are hereby quashed." 3. The aforesaid judgment is directly and squarely applicable to the facts and circumstances of the instant case and consequently the present petition also deserves to be allowed. - 7 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 Accordingly I pass the following: ORDER i. Petition is allowed. ii. The impugned proceedings in C.C.No.470/2024 on the file of the Civil Judge and JMFC, Belur, insofar as they relate to the petitioners, are hereby quashed. In CRL.P.No.10458/2024: In this petition, the petitioner seeks the following relief: "WHEREFORE, the Petitioner respectfully pray that the Hon'ble Court may be pleased to quash the FIR Crime No.14/2023-24 registered by Excise Police Station, Belur, and entire proceedings in C.C.No.150/2024 on the file of Civil Judge and JMFC, Belur for the offences punishable Sections 11, 14, 15, 32(1) and 39(A) of the Karnataka Excise Act 1965, by allowing this petition in the interest of justice and equity." 2. A perusal of the material on record would indicate that initially in the first instance the respondent filed the instant complaint against one Koushik K.T., the accused, registered as FIR in 14/2023-24/2006SIE2/200606 for the offences punishable under Sections 11, 14, 15, 32(1) and 38 (A) of Karnataka Excise Act, 1965 in pursuance of - 8 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 some investigation that was conducted and the petitioner is subsequently arrayed as accused No.3 for the alleged offences. In this context, and apart from the fact that the petitioner was not originally arrayed as accused person in the original FIR, without there being any material in this regard emerging from the investigation, the petitioner has been arrayed as accused No.3 despite owning and possessing CL-7 and CL-9 licence dated 01.07.2023 which is produced by the petitioner at document No.6, which is valid up to 30.06.2024 at the time when the complaint was given on 04.09.2023. Under these circumstances, I am of the considered opinion that the petitioner cannot be incriminated for the alleged offences especially since he held and possessed a valid CL-7 and CL-9 licence which was in force at the time of the raid. Under these circumstances, the petition deserves to be allowed and impugned proceedings deserves to be quashed. Accordingly I pass the following: ORDER i. Petition is allowed. ii. The impugned proceedings in C.C.No.150/2024 on the file of the Civil Judge and JMFC, Belur are hereby quashed. - 9 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 In CRL.P.No.10217/2024: “The Petitioner, Accused No.3, has been charge-sheeted for offences under Sections 14, 15 32(1) and 38(A) of the Karnataka Excise Act, 1965, and seeks relief from this Court. 2. The prosecution alleges that on March 8, 2023, credible information was received about unauthorized liquor sales at a shop. Acting on this, the complainant and his staff conducted a raid, discovering Accused No.1 selling liquor without a valid license or permit. Accused No.2 is identified as the shop’s owner, while Accused No.3 holds a CL-7 license and allegedly supplied the seized liquor to Accused No.1. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. The liquor seized from Accused No.1 was sent to the Karnataka State Breweries Corporation Limited, which opined that the liquor had been distributed by the Corporation to Accused No.3. However, merely establishing that the seized liquor originated from Accused No.3 does not substantiate claims that Accused No.3 violated the - 10 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 terms and conditions of the license or provisions of the Karnataka Excise Act and its Rules. 5. In the absence of substantive evidence indicating that the petitioner violated license conditions or sold liquor exceeding the quantity prescribed under Rule 21 of the Excise Rules, continuing criminal proceedings would constitute an abuse of the legal process. 6. Accordingly, the petition is allowed. 7. The impugned proceedings in C.C.No.732/2023 on the file of the learned Civil Judge and JMFC, Belur insofar as they relate to the petitioner, are hereby quashed.” 4. In the instant case, the material on record discloses that the petitioner is a holder of CL-7 and CL-9 licenses and consequently, by applying/invoking the doctrine of parity continuation of impugned proceedings qua the petitioner, would amount to abuse of process of law warranting interference by this Court in the present petition. 5. Accordingly, I pass the following: - 11 - HC-KAR NC: 2025:KHC:44253 CRL.P No. 10639 of 2024 ORDER (i) Petition is allowed. (ii) The impugned proceedings in C.C.No.154/2024 on the file of Civil Judge and JMFC, Belur, insofar as they relates to the petitioner, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MPK List No.: 1 Sl No.: 1