- 1 - HC-KAR NC: 2025:KHC-D:8127 CRL.P No. 102792 of 2024 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.102792 OF 2024 BETWEEN: 1. SRI KRISHNAPPA S/O. LIMBEPPA RATHOD AGE 39 YEARS,,OCCUPATION: AGRICULTURE, RESIDENT OF YALAMAGERI VILLAGE TALUK AND DISTRICT: KOPPAL - 583 231. 2. SRI MAHANTESH S/O. YANKAPPA RATHOD AGE 32 YEARS, OCCUPATION: AGRICULTURE, RESIDING AT YALAMAGERI VILLAGE TALUK AND DISTRICT: KOPPAL - 583 231. …PETITIONERS (BY SRI HANUMESH M. DESAI, ADVOCATE, FOR SRI NEELENDRA D. GUNDE) AND: STATE OF KARNATAKA KOPPAL RURAL POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD - 580 001. …RESPONDENT (BY SRI ABHISHEK MALLIPATIL, H.C.G.P.) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C., PRAYING TO QUASH THE ORDER DATED 09.04.2021 IN CRIMINAL CASE NO.2056 OF 2021 PASSED BY THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., KOPPAL, FOR THE OFFENCES PUNISHABLE UNDER SECTION 87 OF THE KARNATAKA POLICE ACT AND UNDER SECTION 269 OF THE I.P.C. IN CRIME NO.193 OF 2021 OF KOPPAL RURAL POLICE STATION. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8127 CRL.P No. 102792 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The petitioners/accused Nos.7 and 8 have filed this petition under Section 482 of the Code of Criminal Procedure Code, 1973, to quash the entire proceedings in Criminal Case No. 2056 of 2021 pending on the file of the Additional Civil Judge and Judicial Magistrate First Class, Koppal, registered for the offences punishable under Section 87 of the Karnataka Police Act, 1963, and under Section 269 of the Indian Penal Code, 1860. 2. The brief facts of the prosecution case are that the petitioners and other accused persons have been charge- sheeted for the offences punishable under Section 269 of the Indian Penal Code, 1860, and Section 87 of the Karnataka Police Act, 1963, alleging that the petitioners and others were playing cards near Anjaneya Temple, Yalamageri Village, Koppal, in violation of the Standard Operating Procedure (SOP) during COVID-19 pandemic. - 3 - HC-KAR NC: 2025:KHC-D:8127 CRL.P No. 102792 of 2024 3. The learned Magistrate, after accepting the charge-sheet, took cognizance of the offence against the petitioners and other accused persons. 4. Taking exception to the same, the petitioners have sought for quashing of the proceedings against them in Criminal Case No.2056 of 2021. 5. Heard Sri Hanumesh M. Desai, learned counsel for the petitioners, and Sri Abhishek Mallipatil, learned High Court Government Pleader for the respondent-State. 6. Learned counsel for the petitioners submits that the issue involved in this petition is covered by the decision of a Co-ordinate Bench of this Court in Criminal Petition No.103625 of 2023 disposed of on 18-12-2023 and in Criminal Petition No.103907 of 2022 disposed of on 5-12-2022. 7. In Criminal Petition No.103907 of 2022, the Co-ordinate Bench at paragraph Nos.4 to 6 has observed as under: - 4 - HC-KAR NC: 2025:KHC-D:8127 CRL.P No. 102792 of 2024 "4. To constitute an offence punishable under section 269 of IPC, there must be an allegation that the petitioners were unlawfully or negligently have done an act knowing that the said act is likely to be spread the infection of any disease dangerous to life. It is not the case of the prosecution that anyone of the accused had tested positive for COVID-19 and in the absence of any such material, the offence under section 269 of IPC cannot be prima-facie invoked as against the present petitioners. 5. The other offences alleged against the petitioners are non-cognizable and as such, the police before registering the FIR against the petitioners for non-cognizable offences, ought to have obtained prior permission from the jurisdictional magistrate for registering the first information report. In the present case, the police having not obtained prior permission from the jurisdictional Magistrate for registration of the case for non-cognizable offence as specified under Section 155(2) of Cr.PC, the registration of first information report and subsequent filing of the charge sheet stands vitiated. 6. In view of foregoing reasons, I am of the considered view that the registration of impugned - 5 - HC-KAR NC: 2025:KHC-D:8127 CRL.P No. 102792 of 2024 first information report culminating in filing of the charge sheet against the petitioners is clear abuse of process of law. Accordingly, I proceed to pass the following: ORDER The criminal petition is allowed. The impugned proceedings in C.C. No.1124/2021 pending on the file of the Principal Civil Judge & JMFC, Koppal, insofar as it relates to petitioners-accused Nos.1 to 9, 11 and 12 is hereby quashed.” 8. From the above reading it appears that to constitute an offence punishable under section 269 of the Indian Penal Code, 1860, there must be an allegation that the petitioners unlawfully or negligently committed an act knowing that such act is likely to spread the infection of a disease dangerous to life. It is not the case of the prosecution that anyone of the petitioners had tested positive for COVID-19 and in the absence of any such material, the offence under Section 269 of the Indian Penal Code, 1860, cannot be prima-facie invoked against the present petitioners. - 6 - HC-KAR NC: 2025:KHC-D:8127 CRL.P No. 102792 of 2024 9. Further, the other offences alleged against the petitioners are non-cognizable and as such, the Police, before registering a First Information Report against the petitioners for non-cognizable offences, ought to have obtained prior permission from the jurisdictional Magistrate for registering the First Information Report. In the present case, the Police have not obtained prior permission from the jurisdictional Magistrate for registration of the case for non-cognizable offence as specified under Section 155(2) of the Code of Criminal Procedure, 1973. Thus, registration of First Information Report and subsequent filing of the charge-sheet against the petitioners stands vitiated. 10. In view of foregoing reasons, I am of the considered view that the registration of First Information Report culminating in filing of the charge-sheet against the petitioners is a clear abuse of the process of law. Accordingly, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:8127 CRL.P No. 102792 of 2024 O R D E R i. The criminal petition is allowed. ii. The proceedings in Criminal Case No.2056 of 2021 pending on the file of the Senior Civil Judge and Judicial Magistrate First Class, Koppal, registered for the offences punishable under Section 87 of the Karnataka Police Act, 1963, and under Section 269 of the Indian Penal Code, 1860, in so far as it relates to the petitioners/accused Nos.7 and 8, are hereby quashed. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 34