- 1 - HC-KAR NC: 2025:KHC:24951 CRL.P No. 10458 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.10458 OF 2024 BETWEEN: SRI B.M. BHAGAWAN S/O. LATE MANJEGOWDA N.H. AGED ABOUT 51 YEARS ADDRESS: TRIBHUVAN RESIDENCY BOARDING AND LODGING MADAGHATTA BIKKODU HOBALI BELUR-573 215. …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 BENGALURU-560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, H.C.G.P.) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.14 OF 2023-24 REGISTERED BY EXCISE POLICE STATION, BELUR AND ENTIRE PROCEEDINGS IN Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24951 CRL.P No. 10458 of 2024 C.C.NO.150 OF 2024 ON THE FILE OF CIVIL JUDGE AND J.M.F.C BELUR FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 11, 14, 15, 32(1), 38(A) OF THE KARNATAKA EXCISE ACT BY ALLOWING THIS PETITION. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 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- - 3 - HC-KAR NC: 2025:KHC:24951 CRL.P No. 10458 of 2024 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 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 - 4 - HC-KAR NC: 2025:KHC:24951 CRL.P No. 10458 of 2024 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. Sd/- (S.R.KRISHNA KUMAR) JUDGE SD List No.: 1 Sl No.: 0