- 1 - HC-KAR CNR: KAHC010509122026 NC: 2026:KHC:47606 CRL.P No. 11147 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11147 OF 2026 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. PRUTHVIRAJ S/O DORAIRAJ AGED ABOUT 34 YEARS R/AT NO. NA1G1,NETHRAVATHI BLOCK VIJAYA BANK ENCLAVE BILEKAHALLI, BANNERGHATTA MAIN ROAD BENGALURU 560 076 …PETITIONER (BY SRI. YADUNANDAN N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION BENGALURU RURAL DSITRICT REPRESENTED BY THE SATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001 …RESPONDENT (BY SMT.RASHMI PATEL HCGP) CRL.P 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 QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.3359/2023 PENDING ON Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010509122026 NC: 2026:KHC:47606 CRL.P No. 11147 of 2026 THE FIEL OF THE HONBLE ADDL CIVIL JUDGE AND JMFC, DEVANAHALLI, FOR THE ALLEGED OFFENCE P/US/ 5,21,24 OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS ACT 2003, SEC.188,278,290,291 OF IPC AND SEC.102 AND 103 OF KARNATAKA POLICE ACT, 1963 ARISING OUT OF CRIME NO.118/2023 REGISTERED BY CHIKKAJALA POLICE STATION, IN SO FAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The Petitioner is before the court calling in question the proceedings in C.C.No.3359/2023, pending on the file of the learned Additional Civil Judge and JMFC, Devanahalli, for the offences punishable under Sections 5, 21, and 24 of the Cigarettes and Other Tobacco Products Act, 2003, Sections 188, 278, 290 and 291 of the Indian Penal Code and Sections 102 and 103 of the Karnataka Police Act, 1963, arising out of Crime No.118/2023 registered by Chikkajala Police Station. 2. The proceedings is of the year 2023. When a Government Order which banned hookah under the COTP - 3 - HC-KAR CNR: KAHC010509122026 NC: 2026:KHC:47606 CRL.P No. 11147 of 2026 Act, was not yet in force, the proceedings had commenced then. The petitioner challenges the said proceeding in C.C.No.3359/2023. 3. In the light of the ban of hukkah, this court directed the petitioner to file an affidavit of undertaking that he would not sell hukkah in the premises. The affidavit is filed and it reads as follows: AFFIDAVIT 1, Sri. Pruthviraj, S/o Sri. Durairaj, aged about 34 years, R/at No. NA1G1, Nethravathi Block, Vijaya Bank Enclave, Bilekahalli, Bannerghatta Main Road, Bengaluru - 560076, at presently D-406, Renaissance Temple Bells apt, Yeshwanthpur, bengaluru-560022, do hereby solemnly affirm and state on oath as follows: 1 That I am the Petitioner in the above Criminal Petition, I am swearing to this affidavit, and I am well acquainted with the facts of the case. 2 I state that I have been arrayed as Accused No.1 in C.C.No.3359/2023 arising out of CRIME ΝΟ.118/2023 registered by Chikkajala Police Station is pending on the file of the Hon'ble ADDL CIVIL JUDGE AND JMFC, DEVANAHALLI, for the alleged offences punishable under Sections 5, 21 and 24 of the Cigarettes and Other Tobacco Products Act, 2003, Sections 188, 278, 290 and 291 of the Indian Penal Code and Sections 102 and 103 of the Karnataka Police Act, 1963, insofar as I am concerned as Accused No. 1. 3. I state that this Hon'ble court by order dated 24.08.2026 directed me to file an affidavit in respect of service of hukkah after the state government imposed a ban of the same. Hence this affidavit. - 4 - HC-KAR CNR: KAHC010509122026 NC: 2026:KHC:47606 CRL.P No. 11147 of 2026 4. I state that while the above crime was registered, there was no ban on hukkah and there were no restraint or regulation of the same. I state that subsequently, the state government brought in regulation and banned the same. I state that we have not served hookah and other products subsequent to ban of the same." 4. In the light of the ban itself of hukkah and the affidavit of the petitioner that he would abide by the provisions of law as a matter of fact, the petition is allowed. Accordingly, I pass the following: ORDER i) The petition is allowed ii) The impugned proceedings in C.C.No. 3359/2023 arising out of Crime No.118/2023 registered by Chikkajala Police Station, pending on the file of the learned Additional Civil Judge and JMFC, Devanahalli, qua the petitioner, is hereby quashed. Sd/- (M.NAGAPRASANNA) JUDGE HR