SRI NAGARAJAIAH H C vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58095
WP No. 29512 of 2024


CNR: KAHC010606892024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 14 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

WRIT PETITION NO.29512 OF 2024 (GM-RES)

BETWEEN:


SRI NAGARAJAIAH H C
S/O SRI CHIKKABYRAIAH
AGED ABOUT 54 YEARS
GRANDWELL APARTMENTS
ND ST
2 FLOOR, 1 A MAIN ROAD
ND
2 STAGE
MAHALAKSHMIPURAM
BANGALORE -560 086
…PETITIONER
(BY SRI. SARAVANA S, ADVOCATE)








AND:


THE STATE OF KARNATAKA
BY THE INSPECTOR EXCISE
GANDHINAGAR RANGE
BANGALORE URBAN DISTRICT
WEST
REPT. BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BUILDING
BENGALURU – 560001
…RESPONDENT
(BY SMT.WAHEEDA.M.M, HIGH COURT GOVERNMENT PLEADER)



Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA


THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482
CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE
PROCEEDINGS C.C.NO.455/2019 REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 11, 14(2), 32(1),

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HC-KAR
NC: 2026:KHC:58095
WP No. 29512 of 2024


CNR: KAHC010606892024


38(A) PENDING ON THE FILE OF V ADDL. CHIEF
METROPOLITAN MAGISTRATE COURT BANGALORE, AT
ANNEXURE-E IN SO FAR THE PETITIONER IS CONCERNED AND
ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER
Heard Sri Saravana S., learned counsel for the petitioner
and Smt. Waheeda M.M., learned High Court Government
Pleader for the respondent.

2. Petition under Article 226 of the Constitution of
India read with Section 528 of Bharatiya Nagarik Suraksha
Sanhita, 203 with the following prayer :
“Wherefore, the petitioner most humbly prays that this
Hon’ble Court be pleased to ;
A) Issue a writ of appropriate nature of certiorari quashing the
proceedings C.C.No.455/2019 registered for the offences
punishable under section 11, 14(2), 32(1), 38(A) pending
on the file of V Additional Chief Metropolitan Magistrate
Court Bangalore, at Annexure-E, in so far, the petitioner is
concerned; and

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HC-KAR
NC: 2026:KHC:58095
WP No. 29512 of 2024


CNR: KAHC010606892024


B) PASS such other orders as this Hon’ble Court deems fit and
proper under the circumstance the case.”

3. Sri. D.R.Ravishankar, learned Senior Counsel was
heard on behalf of the petitioner on the last date of hearing.

4. Facts of the case reveal that a parcel said to be
loaded into a private bus of which the present petitioner is the
owner. Parcel was booked by a person at Bengaluru, based on
a Telephone call over mobile Telephone.

5. When the bus reached Gandhinagar, Bengaluru i.e.,
the destination, police have searched the bus on the ground of
suspicion and registered the case for having found illicit liquor
in the said parcel which was transported in the bus.

6. After thorough investigation, a charge sheet came
to be filed.

7. Filing of the charge sheet and taking cognizance of
the offence is called in question in this petition.

8. At the outset, on the basis of the arguments that
has been canvassed before this Court, this Court noted that
there was a perfunctory investigation and directed the
Superintendent of Police, Karwar to enquire into the matter.

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HC-KAR
NC: 2026:KHC:58095
WP No. 29512 of 2024


CNR: KAHC010606892024



9. Enquiry has been conducted by the Superintendent
of Police, Karwar and a report came to be filed which was made
available to the Court for perusal.

10. Further, report of superintendent of police reveals,
necessary action has been initiated by the Superintendent of
Police, Karwar against the erring officials.

11. The telephone number which has been used in the
incident to book the parcel belongs to the driver of CW3.

12. The investigation officer did not record the
statement of the owner of the Subscriber Identity Module (SIM
card) of the telephone that has been mentioned in the
mahazar.

13. No reason is forthcoming as to non recording of the
statement of the owner of the SIM card to find out how the
nexus could be established between the owner of the SIM
card/user of the SIM card with the present petitioner.

14. Therefore, petitioner counsel sought for quashing
the pending proceedings qua the petitioner.

15. Smt. Waheeda M.M., learned High Court
Government Pleader tried to justify the filing of the charge

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HC-KAR
NC: 2026:KHC:58095
WP No. 29512 of 2024


CNR: KAHC010606892024


sheet contending that the grounds urged in the petition are
more in the nature of the defence that has to be put forward
during the course of trial.

16. Having heard the arguments of both sides and
noted the relevant aspects of the matter this Court is satisfied
that the investigation is perfunctory in nature.

17. On perusal of material on record, the material
collected by the investigation agency is hardly sufficient to
establish the prima facie nexus between the petitioner and the
alleged crime.

18. Material found on record would also reveal that a
parcel came to be loaded into the bus based on the mobile
telephone call bearing number 9793534571.

19. Investigation Officer would submit that the said
mobile telephone number belongs to Smt. Shabanam. Why the
said telephone number was used for loading the parcel in bus
bearing registration No.KA-51-B-1027 belonging to the
petitioner and who used the said telephone on the day of
incident i.e. on 09.11.2017 at about 06.00 p.m., is not
forthcoming from the records.

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HC-KAR
NC: 2026:KHC:58095
WP No. 29512 of 2024


CNR: KAHC010606892024



20. Likewise, no call details are forthcoming as to how
many calls have been made for booking the parcel and who is
the recipient of the said calls and what prompted the parcel to
be loaded into the bus near IRB crusher at Baleguli is not
investigated.

21. When the owner of the parcel item as per the very
material collected by the investigation agency is not examined
or the person who booked the parcel is not examined, how can
there be a charges against the owner of the bus, who was not
even present at the place of incident. Only on the ground that
illicit liquor was found in the bus belonging to the petitioner
could be proceeded for the offences under Section 11, 14(2),
32(1), 38(A) is a matter that should have been taken note of
by the learned Trial Judge before taking the cognizance and
proceeding with the criminal case.

22. At any rate, since no nexus has been established
between the petitioner and the alleged crime, continuation of
the criminal case qua the petitioner is nothing but abuse of
process of law.

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HC-KAR
NC: 2026:KHC:58095
WP No. 29512 of 2024


CNR: KAHC010606892024



23. Hence, following:
ORDER
allowed
(i) Petition is .

(ii) Consequently, pending proceedings in FIR
No.15/2017-18/0407IE/ 040707, dated
10.11.2017 registered by the Excise Inspector,
Gandhinagar Sub Division, on the file of Chief
Judicial Metropolitan Magistrate, Bengaluru, qua
the petitioner stands quashed.

(iii) However, quashing of the proceedings qua the
petitioner shall not prejudice the rights of the
remaining accused or the prosecution in the
pending trial.
Sd/-
(V SRISHANANDA)
JUDGE

MR
List No.: 1 Sl No.: 64
CT:VRR