- 1 - HC-KAR NC: 2025:KHC-D:9568 CRL.P No. 102649 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102649 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI ARAVIND NEELAR S/O PANDAPPA NEELAR, AGE: 37 YEARS, OCC: PRIVATE EMPLOYEE, R/O: CTS NO.4883, “SHRI PARIHARA SADAN”, FULBAG GALLI, TQ: BELAGAVI, DIST: BELAGAVI-590 001. … PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY INSECTICIDE INSPECTOR AND ASSISTANT DIRECTOR OF AGRICULTURE, SHRI A.D. SAVADATTI, AGE: MAJOR, OCC: SERVICE, R/O: THE OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, GOKAK, TQ: GOKAK, DIST: BELAGAVI-591 307, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 001. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, PRAYING TO ALLOW THE PETITION AND QUASH THE IMPUGNED PROCEEDINGS IN C.C. NO.2106/2018, PENDING IN THE LEARNED CIVIL JUDGE AND JMFC, GOKAK AGAINST THE PETITIONER/ACCUSED NO.1 IS CONCERNED FOR THE OFFENCES PUNISHABLE UNDER SECTION 29(1)(A) OF INSECTICIDE ACT R/W SECTIONS 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9568 CRL.P No. 102649 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner who is arraigned as accused No.1 in C.C.No.2106 of 2018 pending before the Court of Civil Judge and JMFC, Gokak, registered for offence punishable under Section 29(1)(a) of the Insecticide Act, 1968 and Sections 3 and 7 of the Essential Commodities Act, 1955, is before this Court with a prayer to question the aforesaid proceedings, as against him. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that petitioner was working as a Manager of the company, which allegedly manufactured the product, which was found to be misbranded one. He submits that in the private complaint, the company is not made as a party and therefore in view of Section 33 of the Insecticide Act, petitioner cannot be prosecuted for the alleged offence. - 3 - HC-KAR NC: 2025:KHC-D:9568 CRL.P No. 102649 of 2024 4. Learned HCGP who has opposed the petition, however does not disprove the submission made by the learned counsel for the petitioner. 5. Section 33 of the Insecticide Act, 1968 reads as follows: “33. Offences by companies.- (1)Whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, or was responsible to the company for the conduct of the business of, the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2)Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any Director, Manager, Secretary or other officer of the company, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.” 6. From a reading of the aforesaid provision of law, it is apparent that in the absence of the company, the petitioner who is said to be working as a Manager of the - 4 - HC-KAR NC: 2025:KHC-D:9568 CRL.P No. 102649 of 2024 company cannot be prosecuted. Under the circumstances, I am of the opinion that the prayer made by the petitioner needs to be granted. Accordingly, the following: ORDER i. Petition is allowed. ii. The impugned proceedings 1 in C.C.No.2106 of 2018 pending before the Court of Civil Judge and JMFC, Gokak registered for offence punishable under Section 29(1)(a) of the Insecticide Act, 1968 and Sections 3 and 7 of the Essential Commodities Act, 1955 is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 51