- 1 - HC-KAR NC: 2025:KHC:24950 CRL.P No. 172 of 2025 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.172 OF 2025 BETWEEN: 1. SRI HARISH R.J. S/O. JAYAMALLEGOWDA AGED ABOUT 48 YEARS BELUR TALUK, RAJANASHIRIYUR HASAN-573 121. 2. SRI SUNIL K.P. C/O. PRABHAKAR K.S. AGED ABOUT 47 YEARS KATIKERE ARSIKERE TALUK JAJURU, HASSAN-573 103. 3. SMT. A.V. SHYLA W/O. PRASANNA AGED ABOUT 49 YEARS RESIDING AT CHIKANAHALLI ROAD BELUR HASSAN-573 115. …PETITIONERS (BY SRI YADUNANDAN N., ADVOCATE) AND: THE STATE BY KARNATAKA EXCISE DEPARTMENT HASSAN SUB DIVISION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, H.C.G.P.) * * * Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24950 CRL.P No. 172 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR CRIME NO.8 OF 2023- 24 REGISTERED BY EXCISE POLICE STATION, BELUR, AND ENTIRE PROCEEDINGS IN C.C.NO.470 OF 2024 ON THE FILE OF CIVIL JUDGE AND JMFC, BELUR FOR THE OFFENCES PUNISHABLE SECTIONS 14, 15, 32(1) AND 38(A) OF THE KARNATAKA EXCISE ACT 1965, 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 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 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 - 3 - HC-KAR NC: 2025:KHC:24950 CRL.P No. 172 of 2025 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 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: - 4 - HC-KAR NC: 2025:KHC:24950 CRL.P No. 172 of 2025 "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. 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 - 5 - HC-KAR NC: 2025:KHC:24950 CRL.P No. 172 of 2025 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. Accordingly I pass the following: ORDER i. Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:24950 CRL.P No. 172 of 2025 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. Sd/- (S.R.KRISHNA KUMAR) JUDGE SD List No.: 1 Sl No.: 64