- 1 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 102902 OF 2023 C/W CRIMINAL PETITION NO. 102904 OF 2023 IN CRL.P.NO.102902/2023: BETWEEN: 1. GURUNATH S/O. SHANKARGOUDA HIRESAKKARAGOUDA @ GURUNATHAGOUDA, AGE:40 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 2. BHEEMASHI KARIYAPPA JOGI @ BHIMAPPA S/O. KARIYAPPA JOGI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 3. PRAKASH S/O. MAHADEVAPPA BHAVI, AGE:39 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 4. VASANT S/O. MALLAPPA BHAVI, AGE:55 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 5. BHEEMANAGOUD S/O. HANAMANTAGOUDA BHEEMANAGOUDAR, AGE: 63 YEARS, OCC: RETIRED PERSON, R/O: MADALAGERI, TQ: RON, DIST: GADAG. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 6. SHARANAPPAGOUDA S/O. SHANKARAGOUDA HIRESAKKARAGOUDAR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 7. BASANAGOUDA S/O. CHANNAPPAGOUDA RAYANAGOUDAR, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 8. SHIVABASANAGOUD S/O. VEERANAGOUDA BALANAGOUDAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 9. VEERANAGOUDA S/O. BASANAGOUDA PATIL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 10. MUTTUNGOUDA S/O. AYYANAGOUD HIRESAKKARAGOUDAR @ MUTTURAJ, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 11. VENKANAGAOUD S/O. HUCHCHANAGOUDA GOVINDAGOUDAR, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 12. BHEEMANAGOUDA S/O. SHANKARAGOUDA HIREKENCHANAGOUDAR, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 13. SHARANAPPAGOUD S/O. BASAVANAGOUD RAYANAGOUDAR, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. - 3 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 14. PRAVEEN S/O. BASANAGOUDA RAYANAGOUDAR, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 15. SHIVANAGOUDA S/O. SHANKARAGOUDA HIRESAKKARAGOUDAR, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 16. SHANKARAGOUD S/O. TIPPANAGOUDA TIPPANAGOUDAR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 17. RAGHAVENDRA S/O. SHIVASHAKARAPPA KURABANAL, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 18. MALLAPPA S/O. MAHAGUNDAPPA HADAMINI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 19. MANJUNATH S/O. VEERANAGOUDA BALANAGOUDAR, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 20. SHANKARAGOUD S/O. BASAVANTAGOUDA RAYANAGOUDAR, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 21. MANJUNATH S/O. SHANKARAGOUDA RAYANAGOUDAR @ BALANAGOUDAR, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. - 4 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 22. SIDDAROOD S/O. BASAVANTAPPA SALUNKI, AGE: 32 YEARS, OCC: LABOURER, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 23. SHANKARAGOUA S/O. BASANAGOUDA HIRESAKKARAGOUDA, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 24. BASAVARAJ S/O. MAGUNDAPPA BHAVI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 25. RUDRAGOUDA S/O. VEERABADRAGOUDA RAYANAGOUDAR, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 26. SHARANAPPAGOUDA S/O. RUDRAGOUDA SANNASAKKARAGOUDA @ SHANKARAGOUDAR, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 27. MALLARABHATT S/O. SHANKARABHATTA PUJAR, AGE: 75 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 28. VIDYANAND S/O. SHANKARABHATTA PUJARI, AGE: 55 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 29. PRAKASH MARTENDABHATTA PUJAR S/O. MARTENDAPPA PUJAR, AGE: 52 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. - 5 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 30. MALATESH S/O. HAHAMANTABHATTA PUJARI, AGE: 49 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 31. MAHESH S/O. GUNDABHATTA PUJAR, AGE: 57 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 32. RAMESH S/O. CHIDAMBARABHATTA PUJAR, AGE: 47 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 33. VASUBHATTA S/O. SHRIPADABHATTI PUJAR @ VASANTABHATT, AGE: 61 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 34. SHRIKANT S/O. SHANKARABHATTA PUJAR, AGE: 58 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 35. DIGAMBAR S/O. SHANKARABHATT SANGAM, AGE: 56 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 36. ANILABHATT S/O. SHANKARABHATT JOSHI, AGE: 71 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. …PETITIONERS (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BADAMI POLICE STATION, REPRESENTAED BY ITS STATION HOUSE OFFICER, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD – 5800 01. - 6 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 2. SUHAS SHANKAR INGALE, AGE: 58 YEARS, OCC: TAHASHILDAR, R/O: C/O: TAHASHILDAR OFFICE, TEM BADAMI, TQ: BADAMI, DIST: BAGALKOTE – 587 201, REP.BY STATE PUBIC PROSECUTOR, HIGH COURT, DHARWAD. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., 1973, SEEKING TO QUASH THE IMPUGNED PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ ACCUSED NO.1 TO 36 IN C.C. NO.18/2022 OF THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, BADAMI FOR THE COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 4 AND 5 OF THE KARNATAKA EPIDEMIC DISEASES ACT, 2020 AND FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 149, 269, 270 OF THE INDIAN PENAL CODE, 1860. PASS ANY SUCH OTHER ORDER(S) AS THIS HON’BLE COURT MAY DEEM FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE. IN CRL.P.NO.102904/2023: BETWEEN: 1. GURUNATH S/O. SHANKARGOUDA HIRESAKKARAGOUDA @ GURUNATHAGOUDA, AGE:40 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 2. BHIMASE KARIYAPPA JOGI @ BHIMAPPA S/O. KARIYAPPA JOGI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 3. PRAKASH S/O. MAHADEVAPPA BHAVI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. - 7 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 4. VASANT S/O. MALLAPPA BHAVI, AGE:55 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 5. BHEEMANAGOUD S/O. HANAMANTAGOUDA BHEEMANAGOUDAR, AGE: 63 YEARS, OCC: RETIRED PERSON, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 6. SHARANAPPAGOUDA S/O. SHANKARAGOUDA HIRESAKKARAGOUDAR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 7. BASANAGOUDA S/O. CHANNAPPAGOUDA RAYANAGOUDAR, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 8. SHIVABASANAGOUD S/O. VEERANAGOUDA BALANAGOUDAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 9. VEERANAGOUDA S/O. BASANAGOUDA PATIL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 10. MUTTUNGOUDA S/O. AYYANAGOUD HIRESAKKARAGOUDAR @ MUTTURAJ, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 11. VENKANGOUD S/O. HUCHANAGOUDA GOVINDAGOUDAR, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. - 8 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 12. BHEEMANAGOUDA S/O. SHANKARAGOUDA HIREKENCHANAGOUDAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 13. SHARNAPPAGOUDA S/O. BASAVANAGOUD RAYANAGOUDAR, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 14. PRAVEEN S/O. BASANAGOUDA RAYANAGOUDAR, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 15. SHIVANAGOUDA S/O. SHANKARAGOUDA HIRESAKKARAGOUDAR, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 16. SHANKARAGOUD S/O. TIPPANAGOUDA TIPPANAGOUDAR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 17. RAGHAVENDRA S/O. SHIVASHAKARAPPA KURABANAL, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 18. MALLAPPA S/O. MAHAGUNDAPPA HADIMINI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 19. MANJUNATH S/O. VEERANAGOUDA BALANAGOUDAR, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. - 9 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 20. SHANKARAGOUD S/O. BASAVANTAGOUDA RAYANAGOUDAR, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 21. MANJUNATH S/O. SHANKARAGOUDA RAYANAGOUDAR @ BALANAGOUDAR, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 22. SIDDAROOD S/O. BASAVANTAPPA SALUNKI, AGE: 32 YEARS, OCC: LABOURER, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 23. SHANKARAGOUA S/O. BASANAGOUDA HIRESAKKARAGOUDA, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 24. BASAVARAJ S/O. MAHAGUNDAPPA BHAVI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 25. RUDRAGOUDA S/O. VEERABADRAGOUDA RAYANAGOUDAR, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 26. SHARANAPPAGOUDA S/O. RUDRAGOUDA SANNASAKKARAGOUDA @ SHANKARAGOUDAR, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: MADALAGERI, TQ: RON, DIST: GADAG. 27. MALLARABHATT S/O. SHANKARABHATTA PUJAR, AGE: 75 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. - 10 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 28. VIDYANAND S/O. SHANKARABHATTA PUJARI, AGE: 55 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 29. PRAKASH MARTENDABHATTA PUJAR S/O. MARTENDAPPA PUJAR, AGE: 52 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 30. MAHATESH S/O. HAHAMANTABHATTA PUJARI, AGE: 49 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 31. MAHESH S/O. GUNDABHATTA PUJAR, AGE: 57 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 32. RAMESH S/O. CHIDAMBARABHATTA PUJAR, AGE: 47 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 33. VAHSUBHAT S/O. SHRIPADBHAT PUJARI @ VASANTHBHAT, AGE: 61 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 34. SHRIKANT S/O. SHANKARABHATTA PUJAR, AGE: 58 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. 35. DIGAMBAR S/O. SHANKARABHATT SANGAM, AGE: 56 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. - 11 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 36. ANILABHATT S/O. SHANKARABHATT JOSHI, AGE: 71 YEARS, OCC: PRIEST, R/O: CHOLACHAGUDDA, TQ: BADAMI, DIST: BAGALKOTE. …PETITIONERS (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BADAMI POLICE STATION, REPRESENTAED BY ITS STATION HOUSE OFFICER, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD – 5800 01. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., 1973, SEEKING TO QUASH THE IMPUGNED PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ ACCUSED NO.1 TO 36 IN C.C. NO.29/2022 OF THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, BADAMI FOR THE COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 4 AND 5 OF THE KARNATAKA EPIDEMIC DISEASES ACT, 2020 AND FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 149, 269, 270 OF THE INDIAN PENAL CODE, 1860. PASS ANY SUCH OTHER ORDER(S) AS THIS HON’BLE COURT MAY DEEM FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE. THESE CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 12 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 ORAL ORDER Crl.P.No.102902/2023 is filed by accused Nos.1 to 36 under Section 482 of Cr.P.C praying to quash the proceedings in C.C.No.18/2022 pending on the file of the Senior Civil Judge and JMFC, Badami registered for offences punishable under Sections 4 and 5 of the Karnataka Epidemic Diseases Act, 2020 (hereinafter referred to as “the Act” for brevity) and Sections 143, 147, 149, 269, 270 of Indian Penal Code, 1860 (hereinafter referred to as “IPC” for brevity). 2. Crl.P.No.102904/2023 is filed by accused Nos.1 to 36 under Section 482 of Cr.P.C praying to quash the proceedings in C.C.No.29/2022 pending on the file of the Senior Civil Judge and JMFC, Badami registered for offences punishable under Sections 4 and 5 of the Act and Sections 143, 147, 149, 269, 270 and 109 of IPC. 3. In Crl.P.No.102902/2023, Sri Suhas Ingale, Tahsildar, Badami has filed a complaint and same came to be registered in Crime No.09/2022 of Badami Police - 13 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 Station against petitioners for aforesaid offences. In Crl.P.No.102904/2023, Sri Sanjeevkumar Kolli, Village Accountant, Cholachgudda has filed a complaint and same came to be registered in Crime No.10/2022 of Badami Police Station against petitioners for aforesaid offences. 4. In both the crimes, the police after investigation, filed chargesheets and criminal cases came to be registered against the petitioners for the aforesaid offences. The petitioners have challenged the proceedings of the said criminal cases in these two petitions. The petitioners in both the petitions are same. In both complaints, it is alleged that due to wide spread of third wave of Covid-19, the State Government, as a preventive measure and in the interest of general public, had restricted the entry to the Banashankari temple and to other temples of Bagalkot District, only for the purpose of Darshan and all other Seva activities were ordered to be stopped. - 14 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 5. It is alleged that violating the said restrictions, the petitioners have participated in the festival of Rathotsava in the said temple, violating the SOP and allegedly caused spread of Covid-19. 6. Heard learned counsel for petitioners and learned Additional Government Advocate for respondents. 7. Learned counsel for petitioners would contend that there is no notification issued as required under Section 4 of the Act and therefore, offences under Section 5 of the Act is not attracted and on that point, he placed reliance on the decision of co-ordinate Bench of this Court in the case of D.K. Shivakumar V/s State of Karnataka and another in Crl.P.No.3328/2023 decided on 16.06.2023. 8. He further contended that the chargesheet has not been filed within 30 days of registration of the FIR as required under Section 9(iii) and chargesheet has been filed beyond 30 days and in view of the same, proceedings against the petitioners for offences under Section 5 r/w - 15 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 Section 4 of the Act are not sustainable and requires to be quashed. On that point, he placed reliance on the decision of this Court in the case of Gulam Husen V/s State of Karnataka in Crl.P.No.100839/2024 decided on 01.04.2024. 9. He further contended that after the incident, no test for Covid-19 has been conducted on the petitioners. The petitioners were not affected with Covid-19 and therefore, there is no question of negligent act, resulting in likelihood of spread of infection attracting under Section 269 of IPC. On that point, he placed reliance on co- ordinate Bench of this Court in the case of D.K. Shivakumar V/s State of Karnataka and another in Crl.P.No.3329/2023 decided on 09.06.2023. He contend that there is no deliberate act of the petitioners, as the petitioners were not tested positive for Covid-19, to say that there is negligent act to attract offence under Section 270 of IPC. On that point, he placed reliance on the decision of co-ordinate Bench of this Court in the case of - 16 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 Satalingayyh and Others V/s State of Karnataka and Another in Crl.P.No.200386/2019 decided 21.09.2022. On these grounds, he prayed for allowing the petition and quashing of proceedings initiated against the petitioners in these two cases. 10. Learned Additional Government Advocate would contend that the petitioners in violation of SOP, have participated in Rathotsava and committed offences alleged against them. The chargesheet contains material to attract the offences alleged against them. With this, he prayed for dismissal of the petitions. 11. Having heard learned counsels, the Court has perused the chargesheet records and other materials placed on record. 12. The accusation against the petitioners in both the cases is that in violation of SOP, they participated in Rathotsava of the Banashankari Temple, Badami and committed offences under Sections 4 and 5 of the Act. The co-ordinate Bench of this Court in the case of - 17 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 D.K. Shivakumar V/s State of Karnataka and another (supra) in paragraph Nos.7, 8 and 9 has observed as under: “7. The issue lies in a narrow compass. What triggers registration of the crime is a rally that was held by the Congress party, the President of which is the petitioner. On 10-01-2022, when the rally was in its motion, the President i.e., the petitioner between 11.30 a.m. and 12.30 p.m. visits Vishwodaya High School. The children of the school came out of their classes and posed for a picture with the President. This incident becomes a crime in Crime No.3 of 2022 for the aforequoted offences. What is alleged against the petitioner is, violation of the provisions of the Karnataka Epidemic Diseases Act and Section 75 of the Act. The violation is in particular to Section 5(3A) of the Karnataka Epidemic Diseases Act and Section 75 of the Act. Therefore, it becomes germane to notice those provisions of law. Section 5 of the Karnataka Epidemic Diseases Act reads as follows: “5. Prohibition of Contravention or obstruction of Public Servant.— (1) No person, institution or company shall contravene or disobey any of the - 18 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 provisions of Section 4, rules, regulation or order made under this Act. (2) No person shall obstruct any officer or any public servant while acting or purporting to act or discharging any duty in pursuance to any provisions of this Act, rules, regulations or orders made there under. (3) No person shall indulge in any act of violence against a public servant or cause any damage or loss to any public or private property during an epidemic. (3-A) whoever contravenes the provisions of sub-section (1) shall be punished with such fine as may be prescribed in rules or in regulations, which may extend to fifty thousand rupees or with imprisonment for a term which may extend up to three months or with both. (4) Whoever contravenes any of the provisions of sub-section (2) or (3) shall on conviction be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years and with fine, - 19 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees. (5) Whoever, while committing an act of violence against a public servant, causes grievous hurt as defined in Section 320 of Indian Penal Code, 1860 (Act 45 of 1860) to such person, shall be punished with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine, which shall not be less than one lakh rupees, but which may extend to five lakh rupees.” (Emphasis supplied) Section 5(3A) mandates that whoever contravenes sub-section (1) shall be punished in terms of sub-section (3A). Sub-section (1) concerns that any person, institution or company contravening or disobeying any provisions of Section 4, Rules or Regulations made under the Act would become an offence and the offence would become punishable under sub-section (3A). 8. Therefore, it becomes germane to notice Section 4 of the Karnataka Epidemic Diseases Act as the contravention of Section 4 would result in an - 20 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 offence under Section 5. Section 4 of the Karnataka Epidemic Diseases Act reads as follows: “4. Power to take special measures and specify regulations as to epidemic disease.—(1) When at any time the Government is satisfied that the State or any part thereof is visited by or threatened with an outbreak of any epidemic disease, the Government may take such measures, as it deems necessary for the purpose, by notification in the Official Gazette specify such temporary regulations or orders to be observed by the public or by any person or class of persons so as to prevent the outbreak of such disease or the spread thereof and require or empower Deputy Commissioner and/or Municipal Commissioners to exercise such powers and duties as may be specified in the said regulations or orders. (2) In particular and without prejudice to the generality of the foregoing provisions, the Government may take measures and specify regulations,— (a) to prohibit any usage or act which the Government considers sufficient to spread or transmit epidemic - 21 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 diseases from person to person in any gathering, celebration, worship or other such activities within the State; (b) to inspect the persons entering the State by air, rail, road, sea or any other means or in quarantine or in isolation, in hospital, temporary accommodation, home or otherwise of persons suspected of being infected with any such disease by the officers authorized in the regulation or orders; (c) to seal State or district borders for such period as may be deemed necessary; (d) to impose restrictions on the operation of public and private transport; (e) to prescribe social distancing norms; (f) to restrict or prohibit congregation of persons in public places and religious institutions; (g) to regulate or restrict the functioning of offices, Government and Private - 22 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 and educational institutions in the State; (h) to impose prohibition or restrictions on the functioning of shops and commercial establishments, factories, workshops and godowns; (i) to restrict duration of services in essential or emergency services such as banks, media, health care, food supply, electricity, water, fuel, etc.,; (j) to restrict social, political, sports, entertainment, academic, cultural or religious functions or gatherings; and (k) such other measures as may be necessary for the regulation and prevention of epidemic diseases as decided by the Government.” Section 4 mandates that in order to take special measures and specify regulations as to epidemic disease, the Government by a notification in the Official Gazette specify such temporary regulations or orders to be observed by the public or by any person or class of persons so as to prevent the outbreak of such disease. Therefore, the fulcrum of Section 4 is issuance of a notification in the Official Gazette notifying temporary - 23 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 regulations or orders. It is after such notification under Section 4, if a person contravenes or disobeys those Regulations so notified, it would become an offence under Section 5 for contravention of Regulations notified under Section 4. 9. It is admitted fact that no notification is issued by the State Government under Section 4 of the Karnataka Epidemic Diseases Act. If there is no notification issued under Section 4, an offence under Section 5 cannot be laid against any person as there is no regulation that a person would contravene as contravention of the Regulations cannot be imaginary. Therefore, the very offence alleged against the petitioner was fundamentally flawed.” 13. In the case on hand also, there is no notification issued under Section 4 of the Act. If there is no notification issued under Section 4, an offence under Section 5 cannot be laid against any person as there is no regulation that a person would contravene as contravention of the regulation cannot be imaginary. Therefore, the very offence alleged against the petitioners was fundamentally flawed. - 24 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 14. In both the cases, chargesheet has been filed beyond 30 days. The said point has came up for consideration in the case of Gulam Husen V/s State of Karnataka (supra), wherein this Court has observed in paragraph No.6 as under: “6. In order to consider the contention of the learned counsel for the petitioner it is necessary to refer Section 9(iii) of the Act, 2020 which reads thus “9. Cognizance, investigation and trial of offences.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),- (i)xxxx (ii)xxxx (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;” 15. In view of filing of chargesheet in both the cases beyond 30 days, the proceedings against the - 25 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 petitioners for offences punishable under Section 5 r/w Section 4 of the Act are unsustainable and requires to be quashed. 16. Another offence alleged against the petitioners is Section 269 of IPC which reads thus: “269. Negligent act likely to spread infection of disease dangerous to life.-- Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease 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.” 17. Section 269 of IPC makes one guilty of the offence, if by unlawful or negligent act of any person, results in likelihood of spread of infection of certain diseases, which is dangerous to life. There is no allegation of the kind against the petitioners as indicated in Section 269 of IPC that, due to such an act of the petitioners, there was a spread of disease. The chargesheet material does not contain any documents/evidence that petitioners - 26 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 were affected with Covid-19 or that they have been tested after the incident for Covid-19. 18. Section 270 of IPC reads thus: “270. Malignant act likely to spread infection of disease dangerous to life.-- Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” 19. Section 270 of IPC makes one guilty of the offence, if he malignantly does any act, results in likelihood of spread of infection of certain diseases which is dangerous to life. There is no allegation of that kind against the petitioners as is indicated in Section 270 of IPC, due to such an act of the petitioners, there was spreading of disease. The petitioners were not affected with Covid-19 prior to the incident. There was no test on the petitioners for Covid-19 after the incident. The co-ordinate Bench of this Court in a similar case, in the - 27 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 case of Satalingayyh and Others V/s State of Karnataka and Another (supra) in paragraph No.10 has observed as under: “10. It is pertinent to note that in the statement of the witnesses produced along with the charge sheet, it is stated by witnesses in their statement that five persons one Siddarama, Gundayya, Kashinath, Lalappa and Ramachandra, are the persons decided to hold the Jatra and at their instigation, the petitioners and other accused assembled near Margamma Devi temple and performed Jatra and committed the said offence. The statements given by all the witnesses are stereotype. From their statements nothing is forthcoming. What is the particular act or role or the part taken by the petitioners while performing the Jatra or whether they have spread the infection or anybody infected because of conducting Jatra is not stated by the witnesses. Simply omnibus and vague statements are given by the witnesses and same does not attract any ingredients of the Sections 269, 270 and 271 of IPC. There is nothing on record to show that these petitioners knowingly or intentionally unlawfully performed Jatra so as to spread Covid-19 infection, by assembling so many - 28 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 people. Hence, none of the ingredients of the offences are attracted. In the absence of any material to show any particular act, role of these petitioners in performing Jatra and simply making the allegations against them is not correct. Therefore, in the absence of any material on record, the proceedings initiated against the petitioners which is nothing but abuse of process of Court. The Karnataka Epidemic Diseases Act, 2020 came into force on 28.04.2020. It is alleged that the incident took place on 28.05.2020. Therefore, in the absence of any particular overt-acts or allegations to show that these petitioners indulge in committing alleged offences by assembling so many persons and performed Jatra and thereby spread the disease, the proceedings against them is liable to be quashed.” 20. Considering all these aspects, the proceedings against the petitioners is abuse of process of law. 21. In the result, the following: ORDER i. Both the petitions are allowed. - 29 - NC: 2025:KHC-D:5331 CRL.P No. 102902 of 2023 C/W CRL.P No. 102904 of 2023 ii. The proceedings in C.C.No.29/2022 and C.C.No.18/2022, both pending on the file of Senior Civil Judge and JMFC, Badami are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP-para 1 to 3, RKM-para 4 to end List No.: 1 Sl No.: 11