- 1 - HC-KAR NC: 2025:KHC:23150 CRL.P No. 5732 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5732 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: ANWAR SHARIFF, S/O ABDUL SHARIFF, AGED ABOUT 58 YEARS, R/AT #39/2, 5TH MAIN ROAD, MATADAHALLI, R T NAGAR POST, BANGALORE NORTH, BENGALURU – 560 032 …PETITIONER (BY SRI. SYED ARIF PASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY R T NAGAR POLICE STATION, BANGALORE DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE – 560 001 2. SMT. JAYASHREE ATHANI, W/O NOT KNOWN, AGED ABOUT 35 YEARS, POLICE SUB INSPECTOR, R T NAGAR POLICE STATION, BANGALORE – 560 032 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED IN C.C.NO.22025/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTION 51 OF THE DISASTER MANAGEMENT ACT 2005, SEC.5 OF THE KARNATAKA EPIDEMIC Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23150 CRL.P No. 5732 of 2025 ACT 2020 AND SEC.269 OF IPC R/W SEC.149 OF IPC, PENDING ON THE FILE OF THE VIII ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “a) To call for records. b) Quash the entire proceedings against the accused in C.C.No.22025/2021 for the offence punishable under Section 51 of the Disaster Management Act, 2005, Section 5 of the Karnattaka Epidemic Act, 2020 and Section 269 of the IPC R/w Section 149 of IPC, pending on the file of VIII Addl. Chief Metropolitan Magistrate Court at Bangalore District, in the interests of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. Though respondent No.2 is served with notice, he has remained unrepresented and has not chosen to contest the petition. - 3 - HC-KAR NC: 2025:KHC:23150 CRL.P No. 5732 of 2025 4. A perusal of the material on record will indicate that it is the case of the prosecution that on 13.06.2021 at 5:30 p.m., at Varsity Superior Lodge located in Ganganagar market, the accused and other nine persons were doing party without following the protocols and were not maintaining social distancing as ordered by the State Government. Pursuant to the said incident, respondent No.2 registered the FIR in Crime No.114/2021, which is currently pending in C.C.No.22025/2021 before the VIII Additional Chief Metropolitan Magistrate Court, Bengaluru District, for the offences punishable under Section 51 of the Disaster Management Act, 2005, Section 5 of the Karnataka Epidemic Act, 2020 and Section 269 R/w. Section 149 of IPC. Aggrieved by the same, the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witness, documents and etc., will clearly indicate that the same do not disclose the commission of the alleged offences. Under these circumstances, I am of the considered view that continuation of the impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition. - 4 - HC-KAR NC: 2025:KHC:23150 CRL.P No. 5732 of 2025 6. Accordingly, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.22025/2021 arising out of Crime No.114/2021 on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru District, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 38