Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12330 WP No. 6895 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6895 OF 2025 (GM-RES) BETWEEN:
1. MR. YATHIN KUMAR, PRESENTLY AGED 33 YEARS, S/O SHRINIVAS R/AT SOMAPPA BELCHADA, MELTHOTA HOUSE, KULASEKARA, MANGALORE-575005
2. MRS. DHANALAKSHMI, PRESENTLY AGED 34 YEARS, D/O DAYANANDA NAYAK, W/O YATHIN KUMAR R/AT DOOR NO. 2-272, BITHUPAADE HOUSE, BONDANTHILA VILLAGE, PADU POST, MANGALURU TALUK-575029
3. MR. SHRINIVAS, PRESENTLY AGED 66 YEARS, S/O YADAVA, R/AT DOOR NO. 20-89, SOMAPPA BELCHADA, MELTHOTA HOUSE, KULASEKARA, MANGALORE-575005
4. MRS. GIRIJA, PRESENTLY AGED 58 YEARS, W/O SHRINIVAS, R/AT DOOR NO. 20-89, SOMAPPA BELCHADA, MELTHOTA HOUSE, KULASEKARA, MANGALORE- 575005
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:12330 WP No. 6895 of 2025
5. MR. DAYANANDA NAYAK, AGED 70 YEARS, S/O BABU NAYAK, R/AT DOOR NO. 2-272, BITHUPAADE HOUSE, BONDANTHILA VILLAGE, PADU POST, MANGALURU TALUK-575029
6. MRS.SARASWATHI NAYAK, AGED 65 YEARS, W/O MR. DAYANANDA NAYAK, R/AT DOOR NO. 2-272, BITHUPAADE HOUSE, BONDANTHILA VILLAGE, PADU POST, MANGALURU TALUK-575029 …PETITIONERS (BY SRI. VENKATESH SOMAREDDI., ADVOCATE FOR SRI. MELWYN DAVID MASCARENHAS., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH SUB-INSPECTOR OF POLICE, MANGALORE SOUTH POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 560001 INVESTIGATING OFFICER. 2. SRI. SANNRANGAIAH S/O SAGANAIAH, AGED 59 YEARS ASST COMMISSIONER HINDU RELIGIOUS INSTITUTION AND ENDOWMENT DEPARTMENT D K., MANGALORE 575001 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.2002/2021 (ARISING FROM CRIME NO.0106/2021 OF MANGALORE SOUTH POLICE
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NC: 2025:KHC:12330 WP No. 6895 of 2025
STATION) ON THE FILE OF JMFC II COURT, D.K MANGALORE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 4(2)(A), 5(1)(4) OF KARNATAKA EPIDEMIC DISEASES ACT, 2020 AND SECTIONS 269 READ WITH 34 OF IPC, IN SO FAR AS PETITIONERS HEREIN/ACCUSED NO.3, 8,14, 15, 16 AND 17 ARE CONCERNED, THE ORDER SHEET OF WHICH IS AT ANNEXURE-C, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1.
The proceedings are initiated against the petitioners herein and other accused for the offences punishable under Sections 4 and 5 of the Karnataka Epidemic Diseases Act, 2020 and Section 269 read with Section 34 of the Indian Penal Code. 2. It is not in dispute that the proceedings insofar as it relate to accused Nos.2, 6, 7, 11, 12 and 13 were quashed by this Court on 25.06.2024 in Criminal Petition No.7808 of 2021. 3. The instant writ petition is filed by accused Nos.3, 8, 14, 15, 16 and 17. - 4 -
NC: 2025:KHC:12330 WP No. 6895 of 2025
4. Since, this Court has already quashed the proceedings in respect of the aforementioned accused in Criminal Petition No.7808 of 2021, for the same reasons, this writ petition is also to be allowed. 5. In the result, the writ petition is allowed. The proceedings in respect of Accused Nos.3, 8, 14, 15, 16 and 17 are also quashed. Sd/- (N S SANJAY GOWDA) JUDGE
RK List No.: 1 Sl No.: 79