- 1 - NC: 2025:KHC-D:302 CRL.P No. 101581 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101581 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. THIPPERUDRASWAMY AGE. 63 YEARS, OCC. PRESIDENT OF KADA, R/O. GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL. 2. NAGARAJ S/O. BASAVARAJ ARALI, AGE. 37 YEARS, OCC. AGRICULTURE, R/O. ARALI ONI, KARATAGI-583229, TQ. KARATAGI, DIST. KOPPAL. 3. SHASHIDHAR GOWDA, S/O. MALLANAGOWDA, AGE. 41 YEARS, OCC. AGRICULTURE, R/O. KARATAGI-583229, TQ. KARATAGI, DIST. KOPPAL. 4. SHIVASHARANGOWDA S/O. SHEKARAPPA KAMATIYAR, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. YARADONA-584115, TQ. KARATAGI, DIST. KOPPAL. 5. PALAKSHAPPA S/O. SHANMUKAPPA KANDEDA, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. BUDAGUMPA-583229, TQ. KARATAGI, DIST. KOPPAL. 6. CHANNABASAPPA S/O. LINGAPPA SUNKAD, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. KARATAGI-583229, TQ. KARATAGI, DIST. KOPPAL. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.13 15:17:09 +0530 - 2 - NC: 2025:KHC-D:302 CRL.P No. 101581 of 2023 7. SHIVAKUMAR S/O. KASHINATH HADAPAD, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. 6TH WARD, KARATAGI-583229, TQ. KARATAGI, DIST. KOPPAL. 8. MOHANGOWDA S/O. M. BASAVANAGOWDA POLICEPATIL, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. YARADONA-584115, TQ. KARATAGI, DIST. KOPPAL. 9. SANNA VEERESHAPPA S/O. VEERABHADRAPPA CHINIVALAR, AGE. 41 YEARS, OCC. AGRICULTURE, R/O. KARATAGI-583229, TQ. KARATAGI, DIST. KOPPAL. 10. HIRE BASAPPA S/O. PARAMESHWARAPPA SAJJAN, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. BUDAGUMPA-583229, TQ. KARATAGI, DIST. KOPPAL. 11. PARAMESHWARGOUDA S/O. VEERABHADRAGOUDA KOLKAR, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. BUDAGUMPA-583229, TQ. KARATAGI, DIST. KOPPAL. 12. SIDRAMAYYA SWAMI S/O. RUDRAYYA SWAMI, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. KARATAGI-583229, TQ. KARATAGI, DIST. KOPPAL. …PETITIONERS (BY SRI. AVINASH MALIPATIL, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY POLICE INSPECTOR KARATAGI POLICE STATION, KARATAGI, THROUGH SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, - 3 - NC: 2025:KHC-D:302 CRL.P No. 101581 of 2023 DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. PRAVEEN Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE PROCEEDINGS IN KARATAGI PS CRIME NO.26/2022 AND FURTHER PROCEEDINGS IN CC CASE NO. 2812/2022 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, GANGAVATI FOR THE OFFENCE P/U/SEC. 341, 269, 270, 283 R/W SEC. 149 OF IPC AS AGAINST THE PETITIONERS/ ACCUSED NO. 1 TO 12. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who are being prosecuted for offences punishable under Sections 341, 269, 270, and 283 read with Section 149 of the Indian Penal Code (for short, ‘IPC’), have approached this Court seeking relief. 2. The case of the prosecution is that on 12.02.2022, the petitioners, by forming an unlawful assembly, conducted a protest on a public road, thereby obstructing the free movement of vehicles and allegedly intending to spread the Covid-19 virus. - 4 - NC: 2025:KHC-D:302 CRL.P No. 101581 of 2023 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate (AGA) for the respondent–State. 4. The prosecution has failed to present any corroborative material to establish that, by conducting the protest on the state highway, the petitioners infected any person with the Covid-19 virus. Furthermore, there is no evidence to substantiate that the petitioners had tested positive for Covid-19 on the date of the incident. 5. To constitute an offence under Section 341 of the IPC, it is necessary to prove that a person voluntarily obstructed another, preventing them from proceeding in any direction in which they had a lawful right to proceed. In the present case, there is no allegation by any person that they were wrongfully restrained or prevented from proceeding in any direction. 6. The prosecution has not placed any material to substantiate that the petitioners were infected with the coronavirus or were likely to spread the virus, thereby endangering human life, to constitute the offences under Sections 269, 270, and 283 read with Section 149 of the Indian Penal Code. 7. It is further noted that the petitioners did not obtain permission from the competent authority to conduct the protest on the state highway. However, this does not suffice to meet the essential elements required to constitute an offence under Section 341, 269, 270, and 283 read with Section 149 of the IPC. - 5 - NC: 2025:KHC-D:302 CRL.P No. 101581 of 2023 8. In view of the above, the continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.2812/2022 pending on the file of the learned Additional Civil Judge and JMFC, Gangavathi, insofar as it relates to the petitioners – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 81