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High Court of Karnataka · body

2026 DAILYLAW 15611 (KAR)

MR SRINIVAS M v. STATE OF KARNATAKA

CRL.P/2184/2026 · 2026-03-12

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2184 OF 2026 C/W CRIMINAL PETITION NO. 2132 OF 2026 CRIMINAL PETITION NO. 2154 OF 2026 CRIMINAL PETITION NO. 2155 OF 2026 CRIMINAL PETITION NO. 2162 OF 2026 CRIMINAL PETITION NO. 2168 OF 2026 CRIMINAL PETITION NO. 2169 OF 2026 CRIMINAL PETITION NO. 2171 OF 2026 CRIMINAL PETITION NO. 2172 OF 2026 CRIMINAL PETITION NO. 2173 OF 2026 CRIMINAL PETITION NO. 2174 OF 2026 CRIMINAL PETITION NO. 2216 OF 2026 IN CRL.P No. 2184/2026 BETWEEN: 1. MR SRINIVAS M. S/O MUNISWAMAPPA AGED ABOUT 70 YEARS, R/AT NO.09, OLD NO.659/D 5TH MAIN ROAD, VYALIKAVAL, MALLESHWARAM, BENGALURU CITY, KARNATAKA-560 003. …PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 2. MR. BHARATH S REDDI, ASSISTANT COMMISSIONER OF POLICE, BYATARAYANAPURA SUB-DIVISION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU 560 001 …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING - 3 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. QUASH THE FIR BEARING NO. 183/2025 REGISTERED WITH THE RESPONDENT NO. UPPARPET POLICE STATION; WHEREIN, TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE ALLEGED OFFENCE UNDER SECTION 4 AND 21 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003 PENDING ON THE FILE OF V ADDI CHIEF JUDICIAL MAGISTRATE, BANGALORE (ANNEXURE A); IN CRL.P NO. 2132/2026 BETWEEN: 1. MR MOHAN KUMAR D C S/O CHANDRAPPA H D, AGED ABOUT 45 YEARS, R/AT FLAT NO. A 404, A BLOCK, HOYSALA ACE PHASE-1, SAHAKAR NAGAR, BENGALURU CITY, KARNATAKA - 560 092. ...PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HONBLE HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU 560 001. - 4 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS 2. MR SANDEEP H POLICE INSPECTOR, CITY MARKET POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON BLE HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, BENGALURU - 560 001. 3. POLICE SUB INSPECTOR UPPARPET POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON BLE HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001. ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) QUASH THE FIR BEARING NO.184/2025 REGISTERED WITH THE RESPONDENT NO.1 IN UPPARPET P.S., WHEREIN TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE OFFENCES P/U/S 4 AND 21 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003, PENDING ON THE FILE OF V ACJM, BANGALORE (ANNEXURE-A). IN CRL.P NO. 2154/2026 BETWEEN: 1. MR GOPALAKRISHNA B C S/O LATE B M CHANDRAIAH AGED ABOUT 48 YEARS, - 5 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS R/AT NO 09, H 901, ETA THE GARDEN APARTMENT, MAGADI ROAD, BENGALURU CITY, KARNATAKA-560 023. ...PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 2. MR. SHIVAKUMAR B.M., POLICE INSPECTOR, RR NAGAR POLICE STATION, BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, - 6 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS AMBEKDAR VEEDHI, BENGALURU - 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P. IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. QUASH THE FIR BEARING NO.187/2025 REGISTERED WITH THE RESPONDENT NO.1 UPPARPET POLICE STATION, WHEREIN TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE ALLEGED OFFENCE P/US/ 4,21 OF CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003 PENDING ON THE FILE OF THE V ADDL CJM BENGALURU (ANNEXURE A). IN CRL.P NO. 2155/2026 BETWEEN: 1. MR PRASANNA KUMAR S/O RAMACHANDRA R AGED ABOUT 51 YEARS, R/AT NO.7/A, 4TH CROSS NEAR MASJID ROAD, AGRAHARA DASARAHALLI, BASAVESHWARANAGARA, BENGALURU CITY, KARNATAKA-560 079. ...PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. - 7 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 2. MR. BHARATH S REDDI, ASSISTANT COMMISSIONER OF POLICE, BYATARAYANAPURA SUB-DIVISION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. QUASH THE FIR BEARING NO. 182/2025 REGISTERED WITH THE RESPONDENT NO. 1 UPPARPET POLICE STATION; WHEREIN, TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE ALLEGED OFFENCE UNDER SECTION 4 AND 21 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003 PENDING ON THE FILE OF V ADDL.CHIEF JUDICIAL MAGISTRATE, BANGALORE (ANNEXURE A). - 8 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS IN CRL.P NO. 2162/2026 BETWEEN: 1. MR SETRU GOPAL S/O S. KARIBASAPPA AGED ABOUT 40 YEARS, R/AT NO.66, 4TH N BLOCK, RAJAJINAGARA, BENGALURU NORTH, BENGALURU CITY, KARNATAKA-560 010. ...PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 2. MR. SANDEEP H., POLICE INSPECTOR, CITY MARKET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDARVEEDHI, BENGALURU - 560 001 - 9 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) QUASH THE FIR BEARING NO.185/2025 REGISTERED WITH THE RESPONDENT NO.1 IN UPPARPET P.S., WHEREIN TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE OFFENCES P/U/S 4 AND 21 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003, PENDING ON THE FILE OF V ACJM, BANGALORE (ANNEXURE-A) ETC. IN CRL.P NO. 2168/2026 BETWEEN: 1. MR. MOHAN M SHETTY S/O MABU SHETTY AGED ABOUT 60 YEARS, R/AT- NO.33/101, RENASAME, TRANKIL, 7TH MAIN ROAD, 8TH CROSS, MALLESHWARAM, BENGALURU CITY, KARNATAKA - 560 003. ...PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) - 10 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS AND: 1. STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 2. MR. SANDEEP H, POLICE INSPECTOR, CITY MARKET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. QUASH THE FIR BEARING NO.186/2025 REGISTERED WITH THE RESPONDENT NO.1 UPPARPET - 11 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS POLICE STATION; WHEREIN, TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE ALLEGED OFFENCE UNDER SECTION 4 AND 21 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003 PENDING ON THE FILE OF V ADDL CHIEF JUDICIAL MAGISTRATE, BANGALORE (ANNEXURE-A). IN CRL.P NO. 2169/2026 BETWEEN: 1. MR.KRISHNEGOWDA C S/O CHIKKAVENKATAIAH, AGED ABOUT 67 YEARS, R/AT NO.846 1 STD MAIN ROAD, 9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU CITY, KARNATAKA-560 072 2. SMT. THUNGAVATHI B K W/O KRISHNEGOWDA C AGED ABOUT 45 YEARS, R/AT NO.846 1 STD MAIN ROAD, 9TH BLOCK, NAGARABHAVI 2ND STAGE, BENGALURU CITY, KARNATAKA-560 072 ...PETITIONERS (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. - 12 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 2. MR. SHIVAKUMAR B M POLICE INSPECTOR, R R NAGAR POLICE STATION, BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDARVEEDHI, BENGALURU - 560 001 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. QUASH THE FIR BEARING NO. 186/2525 REGISTERED WITH THE RESPONDENT NOS UPPARPET POLICE STATION; WHEREIN, TITLE OF THE PETITIONER NO.1 AND 2 ARE ARRAIGNED AS ACCUSED NO.1 AND 2 FOR THE ALLEGED OFFFENCE UNDER SECTION 4 AND 21 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003 PENDING ON THE FILE OF V ADDL - 13 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS CHIEF JUDICIAL MAGISTRATE, BANGALORE (ANNEXURE A). IN CRL.P NO. 2171/2026 BETWEEN: 1. SMT. VATHSALA M SHETTY W/O LATE MOHAN R SHETTY AGED ABOUT 67 YEARS, R/AT NO.15/17 4TH MAIN SRINIVASANAGARA, BANASHANKARI, BENGALURU SOUTH, BENGALURU CITY, -560050 KARNATAKA. ...PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU 560 001 2. MR. MARUTHI. B, POLICE INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDARVEEDHI, - 14 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS BENGALURU - 560 001 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. QUASH THE FIR BEARING NO.180/2025 REGISTERED WITH THE RESPONDENT NO.1 UPPARPET POLICE STATION WHEREIN TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE ALLEGED OFFENCE U/S 4 AND 21 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COPTA) 2003 PENDING ON THE FILE OF THE V ADDL.CJM, BANGALORE (ANNEXURE-A) AND ETC. IN CRL.P NO. 2172/2026 BETWEEN: 1. MR RUDRA PRAKASH S U S/O S V UMAPATHI AGED ABOUT 46 YEARS, R/AT NO.99, 1ST MAIN ROAD, 4TH CROSS, CHAMARAJAPETE, BENGALURU CITY, KARNATAKA-560 018. ...PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) - 15 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU 560 001 2. MR. MARUTHI. B, POLICE INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDARVEEDHI, BENGALURU - 560 001 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C. (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) QUASH THE FIR BEARING NO.181/2025 REGISTERED WITH THE - 16 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS RESPONDENT NO.1 IN UPPARPET P.S., WHEREIN TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE OFFENCES P/U/S 4 AND 21 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003, PENDING ON THE FILE OF V ACJM, BANGALORE (ANNEXURE-A). IN CRL.P NO. 2173/2026 BETWEEN: 1. MR. SRINIVASA MURTHY S, S/O SHAMANNA AGED ABOUT 59 YEARS, R/AT NO.40, BINNY MILL ROAD, COTTONPET CROSS, CHICKPET, BENGALURU CITY, KARNATAKA-560 053. ...PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 2. MR. JEEVAN K POLICE INSPECTOR, - 17 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS BYATARAYANAPURA POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. QUASH THE FIR BEARING NO.190/2025 REGISTERED WITH THE RESPONDENT NO.1 UPPARPET POLICE STATION, WHEREIN TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE ALLEGED OFFENCE P/US/ 4,21 OF CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003 PENDING ON THE FILE OF THE V ADDL CJM BENGALURU (ANNEXURE A). IN CRL.P NO. 2174/2026 BETWEEN: 1. MR. ANIL KUMAR M, S/O LATE NAGARAJ SHETTY AGED ABOUT 58 YEARS, - 18 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS R/AT NO.98, 1ST CROSS, KAVERI LAYOUT, NAGARABHAVI MAIN ROAD, VIJAYANAGARA, BENGALURU CITY, KARNATAKA-560040 ...PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU 560 001 2. MR. JEEVAN K POLICE INSPECTOR, BYATARAYANAPURA POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEKDAR VEEDHI, BENGALURU - 560 001 3. POLICE SUB INSPECTOR, UPPARPET POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR HONBLE HIGH COURT OF KARNATAKA, - 19 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS AMBEKDAR VEEDHI, BENGALURU - 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) QUASH THE FIR BEARING NO.189/2025 REGISTERED WITH THE RESPONDENT NO.1 IN UPPARPET P.S. WHEREIN TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE ALLEGED OFFENCES P/U/S 4, 21 OF THE CIGARETTES AND OTHER TABACCO PRODUCTS ACT (COTPA) 2003, PENDING ON THE FILE OF V ACJM, BENGALURU (ANNEXURE-A). IN CRL.P NO. 2216/2026 BETWEEN: 1. SRI NATARAJA H M S/O MALLIKARJUNAIAH AGE ABOUT 66 YEARS DIRECTOR OF HOTEL CITY CENTAUR INTERNATIONAL PVT LTD RUNNING THEIR BUSINESS UNDER THE NAME AND STYLE OF M/S SINGER PRESIDENT BAR AND RESTAURANT 2. SMT RAJESHWARI M W/O NATARAJA AGE ABOUT 61 YEARS DIRECTOR OF HOTEL CITY CENTAUR UNTERNATIONALPVT LTD RUNNING THEIR BUSINESS UNDER THE NAME AND STYLE OF - 20 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS M/S SINGER PRESIDENT BAR AND RESTAURANT (BOTH THE PETITIONER NOS 1 AND 2 ARE THE DRIECTOR OF HOTEL CITY CENTAUR INERNATIONAL PVT LTD RUNNING THEIR BUSINESS UNDER THE NAME AND STYLE OF M/S SINGER PRESIDENT BAR AND RESTAURANT HAVING ITS BUSINESS AT NO.74, 75, 76, 77, 78 AND 79 GUBBI THOTADAPPA ROAD BANGALORE - 560 053 ...PETITIONERS (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER COTTONPET POLICE STATION BENGALURU REP BY STATE PUBLIC PROSECUTOR HONBLE HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU 560 001 2. MR YERRISWAMY E POLICE INSPECTOR COTTON PET POLICE STATION BENGALURU CITY REP BY STATE PUBLIC PROSECUTOR HONBLE HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU 560001 - 21 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS 3. POLICE SUB INSPECTOR COTTON PET POLICE STATION BENGALURU REP BY STATE PUBLIC PROSECUTOR HONBLE HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU - 560 001 ...RESPONDENTS (BY SRI. ANOOP KUMAR V., HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) QUASH THE FIR BEARING NO.143/2025 REGISTERED WITH THE RESPONDENT NO.1 IN UPPARPET P.S., WHEREIN TITLE OF THE PETITIONER IS ARRAIGNED AS ACCUSED FOR THE OFFENCES P/U/S 4 AND 21 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (COTPA) 2003, PENDING ON THE FILE OF V ACJM, BANGALORE (ANNEXURE-A) ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 22 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS ORAL ORDER All these petitions call in question registration of a crime registered under the provisions of the Cigarettes and Other Tobacco Products Act, COTPA 2003. 2. Heard Sri. Bharath Kumar, learned counsel appearing for the petitioners and Sri. Anoop Kumar, learned High Court Government Pleader appearing for the respondents. 3. The learned counsel appearing for the petitioners has projected several legal lacunae in the registration of the crime, contending that there need not be a designated place, if the restaurant would not indulge in selling or permitting smoking tobacco. The learned counsel further submits that till date, smoking zone was not made, as smoking was not permitted. In the event smoking is permitted, it shall only be by way of a smoking zone separately made in the restaurant. To that effect, the petitioners have filed an affidavits even. 4. The identical affidavits are filed in all these cases. Therefore, one such affidavit is extracted for the purpose of illustration: - 23 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS "I, M Srinivas, S/o Muniswamappa, Aged about 70 Years, R/At: No.09, Old No.659/D, 5th Main Road, Vyalikaval, Malleshwaram, Bengaluru City, Karnataka- 560 003 do hereby solemnly state and affirm as follows: 1. That I am the Petitioner in the present petition. I am conversant with the facts of the present matter and as such competent to swear to this affidavit. 2. That, the present criminal petition is filed seeking for quashing of the FIR bearing No. 183/2025 registered with the Respondent No. 1 Upparpet Police Station; wherein, title of the Petitioner is arraigned as Accused for the alleged offence under Section 4 and 21 of the Cigarettes and Other Tobacco Products Act (COTPA) 2003 pending on the file of V Addl Chief Judicial Magistrate, Bangalore (Annexure A) and quashing of the Charge Sheet / Final Report preferred by the Respondent No. 1 Upparpet Police Station in matter bearing Crime No.183/2025 currently renumbered as matter bearing C.C.No.2855/2026; wherein, the Petitioner is arraigned as Accused for the alleged offence under Section 4 and 21 of the Cigarettes and Other Tobacco Products Act (COTPA) 2003 pending on the file of V Addl Chief Judicial Magistrate, Bangalore (Annexure C1); 3. That I am running the Bar and Restaurant business under the name and style of 'M/s Casino Bar and Restaurant' situated at No. 36, 5th Main Road, Gandhi Nagar, Bengaluru-560 009 after obtaining licence under Rule 3(9) of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules 1968. 4. I state that from the date of establishment of the Restaurant business till 20.06.2025 I have not made designated smoking zone in the premises as I did not wanted any of the customers / patrons entering the premises to consume any Tobacco Products. - 24 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS 5. I state that in future I will take necessary steps to have a designated place/ Room for the purpose of customers or patrons who are interested in consuming Tobacco Products. Wherefore, considering the present Affidavit, this Hon'ble Court may be pleased to Allow the Present Criminal Petition; Such may be done in the best interest of Justice." 5. In the light of the said circumstance and the affidavits so filed, I deem it appropriate to close the proceedings against the petitioners, reserving liberty to the respondent/State to inspect these restaurants and if it is in non-compliance with the provisions of law or the breach of undertaking that is rendered in these petitions. 6. In the event, the State would find violation of law or breach of the affidavits that are rendered before this Court, the prosecution would revive. 7. With the aforesaid observation, the following: ORDER (i) Criminal Petitions are disposed. (ii) The impugned crimes in crime Nos.183/2025 in Crl.P.No.2184/2026, 184/2025 in Crl.P.No.2132/2026, - 25 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS 187/2025 in Crl.P.No.2154/2026, 182/2025 in Crl.P.No.2155/2026, 185/2025 in Crl.P.No.2162/2026, 186/2025 in Crl.P.No.2168/2026, 188/2025 in Crl.P.No.2169/2026, 180/2025 in Crl.P.No.2171/2026, 181/2025 in Crl.P.No.2172/2026, 190/2025 in Crl.P.No.2173/2026, 189/2025 in Crl.P.No.2174/2026, 143/2025 in Crl.P.No.2216/2026, registered under the provisions of the Cigarettes and Other Tobacco Products Act, COTPA 2003 and all further proceedings, which are pending on the file of V Additional Chief Judicial Magistrate, Bangalore stand quashed. (iii) The impugned NCRs’ in NCR Nos. 87/2025 in Crl.P.No.2184/2026, 88/2025 in Crl.P.No.2132/2026, 91/2025 in Crl.P.No.2154/2026, 86/2025 in Crl.P.No.2155/2026, 89/2025 in Crl.P.No.2162/2026, 90/2025 in Crl.P.No.2168/2026, 92/2025 in Crl.P.No.2169/2026, 84/2025 in Crl.P.No.2171/2026, 85/2025 in Crl.P.No.2172/2026, 94/2025 in Crl.P.No.2173/2026, - 26 - HC-KAR NC: 2026:KHC:14773 CRL.P No. 2184 of 2026 C/W CRL.P No. 2132 of 2026 CRL.P No. 2154 of 2026 AND 9 OTHERS 93/2025 in Crl.P.No.2174/2026 and 143/2025 in Crl.P.No.2216/2026 registered under Section 174 of the BNSS and all further proceedings pending on the file of V Additional Chief Judicial Magistrate, Bangalore, stand quashed. (iv) In the event, the State would find violation of law or breach of the conditions of the affidavits, the prosecution would automatically get revived. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 10