- 1 - HC-KAR NC: 2026:KHC-D:2234 CRL.P No. 105099 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105099 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: MANJUNATH S/O GANGAPPA GANDUDI AGE. 37 YEARS, OCC. LABOURER, R/AT NOOLVI TQ. HUBBALLI, DIST. DHARWAD 580028. …PETITIONER (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBLI RURAL POLICE STATION, HUBBALLI REP BY ITS STATE PUBIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH, AT DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO. 3/ PETITIONER IN HUBLI RURAL PS CRIME NO. 270/2023 IN CC NO. 08/2024 HEREIN PENDING ON THE FILE OF JMFC II COURT, AT HUBBALLI FOR THE OFFENCE PUNISHABLE U/SEC. 32 AND 34 OF KARNATAKA EXCISE ACT 1965, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.18 15:57:24 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2234 CRL.P No. 105099 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Gourishankar H. Mot, learned counsel for the petitioner, and Smt. Kirtilata R. Patil, learned High Court Government Pleader for the respondent. 2. The petitioner is accused No.3 in C.C.No.8/2024 has filed the present petition with the following prayer: “WHEREFORE, it is most humbly prayed to this Hon’ble Court may be pleased to quash the entire proceedings against the accused No.3/petitioner in Hubli Rural PS Crime No.270/2023 in C.C.No.08/2024 herein pending on the file of Hon’ble JMFC II court, At: Hubballi for the offences punishable u/Sec. 32 and 34 of Karnataka Excise Act, 1965, in the interest of justice.” 3. The facts, in brief, necessary for disposal of the petition are as under: A complaint was lodged by PSI V.S. Belagaovakar stating that while he was on patrolling duty on 20.10.2023, he received credible information that near the bus stand of - 3 - HC-KAR NC: 2026:KHC-D:2234 CRL.P No. 105099 of 2025 Noolvi Village, certain persons were selling illicit liquor. Accordingly, he formed a raiding team and proceeded to the said spot. On reaching there, he noticed that two persons were holding a bag and selling liquor packets, and another person was collecting money from the customers purchasing the liquor. 4. Immediately, the raiding team conducted a raid. The person who was collecting money ran away from the spot and escaped in the crowd. However, the team apprehended the other two persons. On enquiry, they disclosed their names as Raghu Ekanath Mukashi and Irappa Sanganagouda Chinnagudi. 5. Upon further enquiry and inspection of the bag, the police found 86 tetra packets (90 ml each) of “Original Choice Deluxe Whiskey.” 6. When questioned about the person who had fled from the spot, the apprehended accused disclosed his name as Manjunatha Gangappa Gandudi. - 4 - HC-KAR NC: 2026:KHC-D:2234 CRL.P No. 105099 of 2025 7. Based on the raid and seizure of the liquor packets, PSI V.S. Belagaovakar lodged a complaint with Hubballi Rural Police. The same was registered as Crime No.270/2023 for offences punishable under Sections 32 and 34 of the Karnataka Excise Act. After investigation, a charge sheet came to be filed. 8. Learned trial Magistrate has taken cognizance of the offences alleged against the petitioner and proceeded to issue summons. 9. The order taking cognizance and issue of process is called in question in this petition by the petitioner by contending that petitioner is falsely implicated in the matter and there is no recovery from him and based on the statement of the co-accused, petitioner has been arraigned as accused No.3 and sought for quashing the pending proceedings. 10. Per contra, Smt.Kirtilata R.Patil, learned High Court Government Pleader would contend that unless the petitioner had nexus with the incident, why would the other - 5 - HC-KAR NC: 2026:KHC-D:2234 CRL.P No. 105099 of 2025 two accused persons take out the name of the petitioner on the very incident day itself is a question that remains unanswered. 11. She would further contend that whether at all the present petitioner had nexus with the alleged incident or not cannot be decided by this Court at this stage by holding a mini trial. She would also content that the statements of the sub-staff and the voluntary statement of accused No.1 and 2 coupled with other material collected by the investigation agency forms prima facie nexus between the incident and the present petitioner and therefore, petition relief cannot be granted. 12. Having heard the arguments of both sides, this Court perused the material on record meticulously. 13. On such perusal of the material on record, it is to be noted that petitioner herein was found on the day of incident and soon after the head of the raid party conducted the raid, he escaped from the scene of offence and disappeared in the mob. - 6 - HC-KAR NC: 2026:KHC-D:2234 CRL.P No. 105099 of 2025 14. The head of the raid party was able to apprehend accused No.1 and 2 and on enquiry, they have revealed the name of the present petitioner. The same is found in the report filed by the head of the raid party to the Hubballi Rural Police which is treated as complaint and case came to be registered. 15. In other words, hardly there was any scope for false implication of the present petitioner in the incident unless the name of the present petitioner is revealed by accused No.1 and 2. 16. What was the enmity or animosity that accused No.1 and 2 nurtured against the present petitioner is not forthcoming on record. So also there is no previous enmity or animosity between the present petitioner and the head of the raid party so as to falsely implicate him in the case on hand. 17. Taking note of these aspects of the matter, this Court is of the considered opinion that unless a full-fledged - 7 - HC-KAR NC: 2026:KHC-D:2234 CRL.P No. 105099 of 2025 trial is held, the allegations against the petitioner cannot be found out whether it is true or not. 18. Accordingly, following: ORDER i. Petition is dismissed. ii. All the available defences are kept open to be urged in the trial in accordance with law. Sd/- (V.SRISHANANDA) JUDGE AC_para 1 to 7 CLK_para 8 to end CT:CMU LIST NO.: 1 SL NO.: 69