- 1 - HC-KAR NC: 2026:KHC:601 WP No. 16196 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 16196 OF 2019 (GM-RES) BETWEEN: B.R. NANJUNDASWAMY AGED ABOUT 50 YEARS S/O. B.V. RAMASHETTY R/O. BASAVAPATTANA RAMANATHPURA HOBLI ARAKALAGUD TALUK HASSAN - 573 113 …PETITIONER (BY SRI: SANCHAN JAI NANDAN, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001 …RESPONDENT (BY SMT: SOWMYA R., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA R/W 482 OF CR.P.C., 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.99/2019 IN THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC AT ARAKALAGUD, INITIATED AS AGAINST THE PETITIONER BASED ON THE COMPLAINT FILED BY RESPONDENT POLICE FOR OFFENCES UNDER SECTION 32 OF KARNATAKA EXCISE ACT VIDE ANNEXURE-A. AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:601 WP No. 16196 of 2019 ORAL ORDER The petitioner being accused No.2 in CC No.99 of 2019 on the file of the learned Additional Civil Judge and JMFC, Arkalgud, registered for the offence under Section 32 of the Karnataka Excise Act (for short 'the Act'), is seeking to quash the criminal proceedings initiated against him. 2. Heard Sri Sanchan Jai Nandan, learned counsel for the petitioner and Smt Sowmya R, learned High Court Government Pleader for the respondent. Perused the materials on record. 3. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Affirmative' for the following: - 3 - HC-KAR NC: 2026:KHC:601 WP No. 16196 of 2019 REASONS 4. The Konanur Police registered Crime No.264 of 2018 against accused Nos.1 and 2 alleging commission of offence punishable under Section 32 of the Karnataka Excise Act. After investigation, charge sheet came to be filed for the said offence against accused Nos.1 and 2. It is stated that on credible information, accused No.1 was intercepted on the date of offence and 48 tetra packets of 90ml liquor worth Rs.1,455/- were seized in the presence of panchas under the panchanama. On enquiry, accused No.1 is said to have stated that these tetra packets was given to him by accused No.2, who is the owner of Giri Bar and Restaurant. On the basis of same, the charge sheet came to be filed. 5. In the charge sheet, the Investigating Officer has cited as many as 8 witnesses. CW1 the informant, CWs.2, 3 and 4 are the police officials, CWs.5 and 6 are the mahazar witnesses, CW7 is the expert i.e., Assistant Director of Toxicology and CW8 is the Investigating Officer. 6. According to the learned counsel for the petitioner, accused No.2 is not the owner of Giri Bar and Restaurant as - 4 - HC-KAR NC: 2026:KHC:601 WP No. 16196 of 2019 contended. It is stated that nothing has been produced to prove the contention of the prosecution that the petitioner is the owner of Giri Bar and Restaurant. It is not the contention of the prosecution that liquor that was seized from the custody of accused No.1 was either spurious or illicit. The specific contention of the prosecution is that, the tetra packets contained liquor. 7. To attract Section 32 of the Act, there must be contravention of any of the provisions of Karnataka Excise Act. On going through the final report, there is no whisper about the contravention of any of the provisions of the Act. Under such circumstances, I am of the opinion that registration of criminal case and continuation of the same is nothing but abuse of process of law. Hence, the same is liable to be quashed. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER (i) The Writ Petition is allowed. (ii) The entire criminal proceedings pending in CC No.99 of 2019 on the file of the learned Additional Civil Judge - 5 - HC-KAR NC: 2026:KHC:601 WP No. 16196 of 2019 and JMFC, Arkalgud, registered for the offence under Section 32 of the Karnataka Excise Act, is hereby quashed against the petitioner herein. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 23