- 1 - HC-KAR NC: 2025:KHC-D:8111 CRL.P No. 102404 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102404 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: SHRI MUSTAFAKHADIR S/O. KHASIMSABA NADAF, AGE: 24 YEARS, OCC: JOURNALIST, R/O. KAMPLI, PO: ALAWANDI, DIST. KOPPAL-583226. …PETITIONER (BY SHRI RAGHUVEER SATTIGERI, ADV. FOR SMT. SURABHI R. KULKARNI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ALWANDI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE CHARGE SHEET IN ALWANDI POLICE STATION IN CRIME NO. 32/2021 WHICH IS REGISTERED AS C.C.NO.1145/2021 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC KOPPAL FOR OFFENCES PUNISHABLE UNDER SECTIONS 6 AND 8 OF THE KARNATAKA EPIDEMIC DISEASES ACT, 2020 AND SECTIONS 110 AND 269 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8111 CRL.P No. 102404 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned High Court Government Pleader accepts notice for respondent No.1-State. 2. Heard Sri.Raghuveer Sattigeri, learned counsel for Sri.Surabhi R. Kulkarni, learned counsel for the petitioner and Smt.Keertilata Patil, learned High Court Government Pleader for respondent-State. 3. This petition is filed by the petitioner/accused under Section 482 of the Bharatiya Nagarika Surksha Sanhita, 2023 (for short, ‘the BNSS’) praying to quash the entire proceedings in C.C.No.1145/2021 on the file of the learned Additional Civil Judge and JMFC, Koppal, for the offences punishable under Sections 6 and 8 of the Karnataka Epidemic Diseases Act, 2020 and Sections 110 and 269 of the Indian Penal Code (for short, ‘the IPC’). 4. The brief facts of the prosecution case are as under: - 3 - HC-KAR NC: 2025:KHC-D:8111 CRL.P No. 102404 of 2025 On 19.04.2021 at about 12.30 p.m., the first informant and other police officers were patrolling in Alwandi village within the jurisdiction of koppal, they were imposed fine on the person working in motorcycle garage for violating Covid-19 norm and for not wearing mask and not maintaining social distance. At that time, the petitioner/accused secretly video recorded the said incident and posted it on social media stating that the police officers are extracting money from the general public in the name of Covid-19 norms. Thereby, the accused has spread the false information regarding the steps taken for prevention of Covid-19 and has instigated the general public to behave in a way that will make them get affected by Covid-19. The accused, by his act, has been a reason for spread for Covid-19. Hence, the first informant lodged a complaint. This led to registration of FIR and investigation. Taking exception to the same, the petitioner has filed this petition. - 4 - HC-KAR NC: 2025:KHC-D:8111 CRL.P No. 102404 of 2025 5. Learned counsel for the petitioner contended that the complaint is misconceived and the alleged offences are not attracted. Further, the investigating officer has not completed investigation within 30 days from the date of FIR. Hence, there is violation of mandatory provisions, thus, prayed for allowing the petition. 6. Learned HCGP for respondent-State contended that the petitioner has committed an offence under Section 9 of the Karnataka Epidemic Diseases Act, 2020, and also under Sections 110 and 269 of the IPC and Section 51 of the Disaster Management Act, 2005 and hence, there is prima facie allegation against the petitioner. Thus, prayed for dismissal of the petition. 7. Perused the material available on record. 8. As per the charge sheet material, on 19.04.2021, the complainant being the police officer was imposing fine on the person working in the motorcycle - 5 - HC-KAR NC: 2025:KHC-D:8111 CRL.P No. 102404 of 2025 garage i.e., Najer S/o Khajamainuddina Shaganikatti (CW- 6) for violating Covid-19 norms and for not wearing mask and thereby, not maintaining social distance. At that time, the accused secretly video recorded the said incident and posted it on the social media stating that the police men are extracting money from the general public in the name of Covid-19 norms. 9. As per Section 9 (iii) of the Karnataka Epidemic Act, 2020, the investigation of a case under Section 5 or Section 6 shall be completed within a period of thirty (30) days from the date of registration of the FIR. 10. Section 9(iii) of the Karnataka Epidemic Diseases Act, 2020 is extracted as under: “9. Cognizance, investigation and trial of offence.-Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),- (i) an offence punishable under section 5 or section 6 shall be cognizable and non-bailable; - 6 - HC-KAR NC: 2025:KHC-D:8111 CRL.P No. 102404 of 2025 (ii) any case registered under section 5 or section 6 shall be investigated by a police officer not below the rank of Inspector; (iii) investigation of a case under section 5 or section 6 shall be completed within a period of thirty days from the date of registration of the First Information Report; 11. Whereas, in the instant case, the FIR was registered on 20.04.2021 and the investigation has not been completed within a period of 30 days and the charge sheet was filed on 18.06.2021, as per the endorsement made by learned Additional Civil Judge and JMFC, Koppal. 12. In view of the same, the proceedings against the petitioner for the offence punishable under Sections 6 and 8 of the Karnataka Epidemic Diseased Act, 2020 and 110 and 269 of the IPC, is unsustainable. The complaint averments further reveals that the ingredients of Section 269 of the IPC, is completely absent. The Section 269 of the IPC is extracted as under: - 7 - HC-KAR NC: 2025:KHC-D:8111 CRL.P No. 102404 of 2025 “269. Negligent act likely to spread infection of dicease dangerous to life.-Whoever unlawfully of negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any diseace dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both” 13. Thus, from perusal of the Section 269 of the IPC, it appears that the act of an accused must be one which is likely to spread infection of any disease dangerous to life. However, from perusal of the charge sheet filed by investigating officer does not indicated any prima facie evidence, so as to establish the ingredients of aforesaid offences and in fact, the petitioner was suffering from covid-19 or would have caused the spread of such disease. In the absence of ingredients as stated supra, it cannot be assumed that petitioner was neither the victim of covid-19 or would have caused the spread of such deceased. Therefore, the impugned proceeding registered against the petitioner is clearly an abuse of process of law - 8 - HC-KAR NC: 2025:KHC-D:8111 CRL.P No. 102404 of 2025 and it requires to be quashed. Accordingly, I proceed to pass the fallowing: ORDER i. Petition is allowed. ii. The entire proceedings in C.C.No.1145/2021 on the file of the learned Additional Civil Judge and JMFC, Koppal, for the offences punishable under Sections 6 and 8 Of The Karnataka Epidemic Diseases Act, 2020 and Sections 110 and 269 of the Indian Penal Code, is hereby quashed. In view of disposal of the criminal petition, pending interlocutory applications, if any, does not survive for consideration and accordingly the same is disposed of. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 14