- 1 - NC: 2025:KHC-D:3902 CRL.P No. 101058 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101058 OF 2025 BETWEEN: HOLIYACHI KARIBASAPPA, S/O. LATE H JAMBANNA, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. 1/2TH WARD, TERU BEEDI, HOLAGUNDI-583219, TQ. HADAGALI, DIST. VIJAYANAGARA. …PETITIONER (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE INSPECTOR OF POLICE, HADAGALI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. NAGARAJA, AGE. 35 YEARS, OCC. POLICE OFFICER, HADAGALI-583219, TQ. HADAGALI, DIST. VIJAYANAGARA, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 & R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.150/2022 ON THE FILE OF THE CIVIL JUDGE AND JMFC, HADAGALI (HADAGALI PS CRIME NO.14/2022) REGISTERED FOR THE OFFENCES PUNISHABLE U/S 269, 353, 341, 114 OF IPC AND Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3902 CRL.P No. 101058 of 2025 SECTION 5 OF KARNATAKA EPIDEMIC DISEASES ACT, 2020, VIDE ANNEXURE-A IN RESPECT OF PETITIONER/ACCUSED NO.19. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri. T.Hanumareddy, learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner/accused No. 19 is facing charges under Sections 269, 353, 341, and 114 of the Indian Penal Code, 1980, and Section 5 of the Karnataka Epidemic Diseases Act, 2020, and is before this Court seeking to quash the proceedings in C.C. No. 150/2022, pending on the file of the Civil Judge & JMFC, Hadagali. 3. The prosecution alleges that during the COVID‑19 pandemic, in violation of standard operating procedures, the petitioner participated in a jatra in a public place. It is further alleged that by doing so, he failed to comply with the prohibitory orders intended to prevent the spread of the virus. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents. 5. The prosecution has not produced any material evidence to show that the petitioner was infected with the COVID‑19 virus or that he acted negligently or unlawfully in a manner likely to spread a dangerous disease. Consequently, there - 3 - NC: 2025:KHC-D:3902 CRL.P No. 101058 of 2025 is no basis for establishing the offence under Sections 268 and 269 of the IPC. 6. Section 5 of the Karnataka Epidemic Diseases Act prohibits any contravention or obstruction of the provisions laid down in Section 4, which must be strictly followed by all persons. Additionally, Section 9 of the Act requires that any investigation under Sections 5 or 6 be completed within thirty days from the registration of the First Information Report. In this case, the petitioner has been arraigned solely based on statements from police personnel, with no private witness testimony to substantiate that he violated the prohibitory orders. 7. In the absence of any evidence or specific allegations, the continuation of criminal proceedings against the petitioner amounts to an abuse of the process of law. 8. Therefore, the petitioner’s appeal to quash the proceedings is well-founded. 9. Hence, I pass the following ORDER i) Accordingly, the petition is allowed. ii) The impugned proceedings in C.C. No.150/2022 pending on the file of the Civil Judge and JMFC, Hadagali, insofar as it relates to accused No.19, the petitioner herein, is hereby quashed. - 4 - NC: 2025:KHC-D:3902 CRL.P No. 101058 of 2025 Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 45