- 1 - HC-KAR CNR: KAHC010614172026 NC: 2026:KHC:51341 CRL.P No. 13618 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 13618 OF 2026 BETWEEN: 1. M/S. TELEHAUS HOTELS PVT. LTD., (INCORPORATED UNDER THE COMPANIES ACT, 1956) HAVING ITS REGISTERED PLACE OF BUSINESS AT NO. 42/1, DOTS DREAM, CUNNINGHAM ROAD CROSS, NEAR WEST MINISTER BUILDING, HIGH GROUNDS, SHIVAJINAGAR, BENGALURU - 560 001, ALSO HAVING ITS PLACE OF LICENSE AT NO. 19, K.H. ROAD, SHANTHINAGAR, BENGALURU 560 001, REPRESENTED BY ITS DIRECTOR, COL (RETD) FREDRICK D SA. 2. MR. ABDULSHERSHAD PAKKARTH, S/O MR. ABDUL PAKKARATH, AGED ABOUT 40 YEARS, R/O PAKKARATH, CHERPULASERRY VIA, THRIKKADEERI-II, PALAKKAD, KERALA 679 503. (SHOWN IN THE FIR AS MR. SHERSHAD) …PETITIONERS (BY SRI BHARATH KUMAR V,ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, CENTRAL CRIME BRANCH, BENGALURU CITY, HAVING OFFICE AT NO. 95, Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010614172026 NC: 2026:KHC:51341 CRL.P No. 13618 of 2026 BTS BUS DEPOT ROAD, VINAYAKA NAGAR, KSRTC COLONY, WILSON GARDEN, BENGALURU. 2. POLICE INSPECTOR, WOMEN PROTECTION WING, CENTRAL CRIME BRANCH, BENGALURU CITY, HAVING OFFICE AT NO. 95, BTS BUS DEPOT ROAD, VINAYAKA NAGAR, KSRTC COLONY, WILSON GARDEN, BENGALURU. …RESPONDENTS (BY SRI B N JAGADEESH, SPP WITH SRI M V ANOOP KUMAR, ADDL. SPP FOR R1 & R2) 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 1.QUASH THE ORDER DATED 22.08.2026, PASSED BY THE HONBLE I A.C.J.M BENGALURU (I ACJM) IN A UN NUMBERED CRIME BETWEEN CCB WPW VS M/S TELEHAUS HOTELS PVT. LTD., WHEREBY THE HONBLE TRIAL COURT WAS PLEASED TO ORDER FOR REGISTRATION OF CASE AND INVESTIGATION TO BE CONDUCTED BY THE RESPONDENT NO.1 POLICE (ANNEXURE-A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010614172026 NC: 2026:KHC:51341 CRL.P No. 13618 of 2026 ORAL ORDER Heard the learned counsel appearing for the petitioners, learned Additional State Public Prosecutor-I for respondents. 2. This petition is filed to quash the order dated 22.08.2026 passed by the I Additional Chief Judicial Magistrate in unnumbered crime between CCB-WPW vs M/s Telehaus Hotels Pvt. Ltd. In addition, the prayer is to quash the FIR in Crime No.106/2026 registered by CCB Police, Bengaluru city. 3. Learned counsel appearing for the petitioners would submit that in the complaint, reference is made to offences under Sections 15 and 32 of Karnataka Excise Act, 1965 ('Act, 1965') and Sections 4 and 21 of the Cigarettes and Other Tobacco Products Act (COTPA), 2003. In addition, the FIR registered for the offences under Sections 61 and 241 of the Bharatiya Nyaya Sanhita, 2023 ('BNS, 2023') and Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010614172026 NC: 2026:KHC:51341 CRL.P No. 13618 of 2026 Sections 31, 103, 104 and 105 of Karnataka Police Act, 1963 ('Act, 1963'). 4. Learned State Public Prosecutor-I would submit that Section 32 of the Act, 1965 has been wrongly quoted in the FIR. According to State Public Prosecutor Section 32 of Act, 1965, is not attracted to the facts of the case going by the contents of the complaint. 5. In addition to that, State Public Prosecutor would also submit that the permission is sought on 22.08.2026 to investigate the non-cognizable offence. 6. The Trial Court has passed an order permitting the Investigating Officer to investigate the offence. 7. Learned counsel for the petitioners would submit that Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS, 2023') is not complied while passing the impugned order. 8. The Court is of the view that the said contention is wholly untenable. The permission is sought to investigate Digitally Signed by ANANT RAMNATH HEGDE - 5 - HC-KAR CNR: KAHC010614172026 NC: 2026:KHC:51341 CRL.P No. 13618 of 2026 into the non-cognizable offence. At that stage, there was no question of issuing notice to the petitioner. 9. The second contention on behalf of the petitioner is that, the impugned order suffers from non-application of mind and the reasons are not assigned while passing the impugned order. 10. The impugned order reads as under: "Complainant present and filed application and complaint copy filed by the PI of CCB WPW PS with a prayer to issue direction to the CCB WPW PS to register the case and to conduct the investigation. On perusal of the records, it is noticed that the allegations made by the complainant against the accused attract the offences which are non cognizable. By considering requisition and nature of offences, the IO permitted and ordered to register the case and investigate." 11. The Court is of the view that the Magistrate has noted the fact that the offences alleged are non-cognizable offences. This reflects application of mind. Digitally Signed by ANANT RAMNATH HEGDE - 6 - HC-KAR CNR: KAHC010614172026 NC: 2026:KHC:51341 CRL.P No. 13618 of 2026 12. Even assuming that the order is not a reasoned order, the Court is not precluded from supplying the reasons for the order which is passed by the Trial Court in case the contents of the complaint require investigation. 13. The Court has gone through the contents of the complaint. 14. There is an allegation that the petitioner has violated certain requirements under the law and in case, those allegations are proved, same will constitute non- cognizable offences. 15. It is also noticed that it is alleged that the complainant has removed certain CCTV footage which was required to be preserved for certain period. 16. In the complaint at paragraph No.7 it is alleged that a valid license is not obtained for operating the music entertainment in the premises. 17. The Court does not find any merit in the petition. Digitally Signed by ANANT RAMNATH HEGDE - 7 - HC-KAR CNR: KAHC010614172026 NC: 2026:KHC:51341 CRL.P No. 13618 of 2026 18. Hence, the Criminal Petition is dismissed. 19. It is made clear that this Court has not expressed anything on the merits of the complaint. 20. All contentions kept open. (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 20 Digitally Signed by ANANT RAMNATH HEGDE