- 1 - NC: 2025:KHC:2874 CRL.P No. 886 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 886 OF 2022 BETWEEN: MR. C.S. YATHIRAJ, S/O CHANNAGANGAPPA, AGED ABOUT 58 YEARS, EARLIER WORKING AS: EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT D.C. OFFICE, CHAPPARADAKALLU DEVANAHALLI TALUK BENGALURU DISTRICT - 562 110. PRESENTLY WORKING AS: EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT B-DIVISION, K.R. CIRCLE BENGALURU - 560 001. …PETITIONER (BY SRI. AMRUTHESH C.,ADVOCATE) (PERMITTED TO RETIRE VIDE ORDER DATED 23/01/2025) AND: 1. STATE OF KARNATAKA BY VISHWANATHAPURA POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDINGS BENGALURU -560 001. 2. THE TAHSILDAR TALUK OFFICE DEVANAHALLI TALUK BENGALURU DISTRICT -562 110. …RESPONDENTS (BY SMT. K.P.YASHODHA., HCGP FOR R1 AND R2) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2874 CRL.P No. 886 of 2022 THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.3/2022 REGISTERED AGAINST THE PETITIONER VISHWANATHA PURA P.S., FOR THE OFFENCE P/U/S 188 OF IPC AND SEC.51(a),51(b) OF THE DISASTER MANAGEMENT ACT, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, DEVANAHALLI, BANGALORE DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner has filed this petition seeking to quash the FIR in Crime No.3/2022 registered by Vishwanathpura Police Station, Bengaluru, pending on the file of the learned Additional Civil Judge and JMFC, Devanahalli, Bengaluru district for the offences punishable under Sections 51(a) & 51(b) of the Disaster Management Act, 2005 and Section 188 of IPC. 2. Brief facts of the case are that the informant being the Tahasildar and Taluka Executive Officer, Devanahalli, lodged the first information against the petitioner in Vishwnathpura Police Station, Bengaluru, alleging that the accused was working as Executive Engineer, PWD, Devanahalli, and was called upon to - 3 - NC: 2025:KHC:2874 CRL.P No. 886 of 2022 attend the work during COVID-19 He was also called upon to attend the training sessions on 04.01.2022 and 07.01.2022. But the petitioner deliberately remained absent and committed dereliction of duty. He has also violated Sections 56(a) & 56(b) of the Disaster Management Act, 2005 and Section 188 of IPC. Therefore, he requested the police to register the case and to initiate legal action. Accordingly, the police have registered Crime No.3/2022 at Vishwanathpura Police station for the aforesaid offences and took up the investigation. In the meantime, the petitioner has approached this Court seeking to quash the criminal proceedings. 3. Learned counsel for the petitioner is absent. No representation. Heard Smt K P Yashodha, learned HCGP for respondents. Perused the materials on record. 4. In view of the contentions urged by the learned HCGP for respondents and on going through the materials on record, the point that would arise for my consideration is: - 4 - NC: 2025:KHC:2874 CRL.P No. 886 of 2022 “Whether the Petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" 5. My answer to the above point is in the ‘Negative’ for the following: R E A S O N S 6. It is the contention of the prosecution that the petitioner being the public servant working as Executive Engineer, PWD, Devanahalli, was deputed as a volunteer to look after the arrangements and allocation to provide essential materials during COVID-19 at Kempegowda International Airport. He was also called upon to attend the training session, but the petitioner remained absent and committed the offence. The petitioner has stated that he was prevented from attending the training session and the work assigned to him, for reasons stated in petition. He was asked to substantiate such contentions before the trial Court wherein, he admitted the allegations made - 5 - NC: 2025:KHC:2874 CRL.P No. 886 of 2022 against him that he is a public servant deputed to undertake the work referred in the first information. Admittedly, he remained absent for the training session and also to carry out the work as assigned. There are strong prima facie materials coupled with the admissions by the petitioner to the facts stated by the informant. Under such circumstances, I do not find any reason to quash the criminal proceedings. Accordingly, I answer the above point in the 'Negative' and proceed to pass the following. ORDER i) The Criminal petition is dismissed. ii) In view of the disposed off main petition, I.A.No.1/2023 filed for vacating stay is stands disposed off. Sd/- (M G UMA) JUDGE ASN List No.: 1 Sl No.: 8