- 1 - HC-KAR NC: 2025:KHC:28765 CRL.P No. 10045 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10045 OF 2025 BETWEEN: SHRI SRINIVASA POGUDU S/O LATE P.S. ACHARY AGED ABOUT 54 YEARS WORKING FOR GAIN AS REGIONAL FINANCE MANAGER M/S PERNOD RICARD INDIA PVT. LIMITED 3RD FLOOR, VERTEX CORPORATE, PLOT NO.8 AND 9, JUBILEE ENCLAVE, OPP. HITEX KAMAN, MADHAPUR, HYDERABAD - 500 081. (NAME INCORRECTLY STATED IN TRIAL COURT AS P. SHRINIVAS) …PETITIONER (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: THE STATE OF KARNATAKA BY THE INSPECTOR OF EXCISE AUDUGODI RANGE, BENGALURU REP. BY STATE PUBLIC PROSECUTOR ATTACHED TO THE COURT HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO A. SET ASIDE THE ORDER DATED 20.11.23 IN CC NO.35132/25 PASSED BY X ADDL. CJM, MAYOHALL UNIT, BENGALURU (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28765 CRL.P No. 10045 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seek quashing of the proceedings in C.C.No.35132/2023 arising out of Crime No.61/2022-23/04306 registered by the respondent – police, pending on the file of the X Additional Chief Judicial Magistrate, Mayohall Unit, Bengaluru, for the offences punishable under Sections 11, 14, 32, 38(A), 43 of the Karnataka Excise Act, 1965. 2. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner viz., Shri. Srinivas Pogudu was arraigned as accused No.2 in C.C.No.35132/2023 along with other accused, pursuant to FIR in Crime No.61/2022-23/04306. The offences alleged against the - 3 - HC-KAR NC: 2025:KHC:28765 CRL.P No. 10045 of 2025 petitioner and other accused are under Sections 11, 14, 32, 38(A), 43 of the Karnataka Excise Act, 1965. 4. In this context, learned counsel for the petitioner invited my attention to an order of this Court passed in order to point out that Crl.P.No.7363/2025 dated 06.06.2025 as against accused No.1, in view of quashment of criminal proceedings qua accused No.1, the present petitioner who is accused No.2 in C.C.No.35132/2023 would be entitled to seek parity. 5. This Court in the case of Kodendera Nikil Kariappa @ K. Nikil M. Cariappa Vs. State of Karnataka and another – Crl.P.No.7938/2023 dated 08.01.2025, quashed the criminal proceedings qua accused No.1 (in C.C.No.2102/2022) and held as under: “In this petition, the petitioner seeks quashing of the proceedings in Crime No.8/2022 in which the petitioner is arraigned as accused No.1 and for other reliefs. - 4 - HC-KAR NC: 2025:KHC:28765 CRL.P No. 10045 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that petitioner’s father has already instituted a suit in O.S.No.61/2017 as against respondent No.2 before the competent Civil Court and there is no interim order of temporary injunction in favour of the petitioner’s father against respondent No.2-complainant. 4. It is contended that on 24.01.2020, as a counter blast and in order to harass and intimidate the petitioner and his father, respondent No.2 – complainant has filed the instant false and frivolous complaint invoking Sections 447, 379, 506 read with Section 34 of IPC during the pendency of the civil suit by giving criminal colour to the civil suit which is impermissible in law as held by the Apex Court in the following judgments: i) Naresh Kumar and Anr Vs. The State of Karnataka and Anr.1 ii) Paramjeet Batra Vs. State Of Uttarakhand & Ors.2 iii) Randheer Singh v. State of U.P.3 1 2024 INSC 196 – Slp (Crl.) No.1570/2021 2 (2013) 11 SCC 673 - 5 - HC-KAR NC: 2025:KHC:28765 CRL.P No. 10045 of 2025 iv) Usha Chakraborty & Anr. v. State of West Bengal & Anr.4 5. It is therefore submitted that the continuation of the instant proceedings as against the petitioner/accused No.1 tantamounts to abuse of process of Court and deserves to be quashed. 6. Respondent No.2-complainant having been served with notice of the petition, has chosen to remain unrepresented and has not contested the proceedings. 7. Before adverting to the submissions of learned counsel for the petitioner, it is relevant to notice that on 07.09.2023, this Court passed the following interim order: “Sri. P.P.Hegde, learned Senior Counsel for the petitioner submits that FIR was lodged to circumvent the order of permanent injunction granted against respondent No.2 and others in O.S.No.61/2017 dated 24.01.2020. Learned HCGP accepts notice for respondent No.1. Issue emergent notice to respondent No.2. Interim stay as prayed for insofar as it relates to petitioner-accused No.1 is granted, till the next date of hearing. 3 (2021) 14 SCC 626 4 2023 SCC OnLine SC 90 - 6 - HC-KAR NC: 2025:KHC:28765 CRL.P No. 10045 of 2025 I.A.1/2023 stands allowed accordingly.” 8. The aforesaid interim order continues to remain in force even as on today. In addition thereto the material on record discloses that the dispute between respondent No.2-complainant and the petitioner and his father is predominantly and overwhelmingly a civil dispute and the same has been given criminal colour and as such, same deserves to be quashed as held by the Apex Court in the identical circumstances in the aforesaid judgments. 9. Under these circumstances, the impugned proceedings qua the petitioner deserves to be quashed. 10. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The proceedings pursuant to Crime No.8/2022 in C.C.No.2102/2022 on the file of the Civil Judge and JMFC, Ponnampet qua the petitioner are hereby quashed.” 5. In the instant case, it is an undisputed fact that proceedings as against accused No.1 has been quashed by this Court in Crl.P.No.7938/2023 and consequently, by - 7 - HC-KAR NC: 2025:KHC:28765 CRL.P No. 10045 of 2025 applying the doctrine of parity, proceedings against the petitioners - accused No.2 to 4 in this petition also deserves to be quashed. 6. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The proceedings in C.C.No.35132/2023 arising out of Crime No.61/2022-23/04306 registered by the respondent – Police, pending on the file of the X Additional Chief Judicial Magistrate, Mayohall unit, Bengaluru, for the offences punishable under Sections 11, 14, 32, 38(A), 43 of the Karnataka Excise Act, 1965, insofar as the petitioner-accused No.2 is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE KG List No.: 1 Sl No.: 76