- 1 - HC-KAR NC: 2025:KHC-D:8986 CRL.P No. 102525 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102525 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: 1. SRI. SHIDDALINGASWAMI S/O. DWARAKARADY HIREMATH, AGE: 55 YEARS, OCC: AGRICULTURE, 2. SRI. CHANNAGOUDA S/O. BASANAGOUDA HOSAGOUDRA, AGE: 76 YEARS, OCC: AGRICULTURE. 3. SRI. BEERESH S/O. VIRAPPA PUJAR, AGE: 34 YEARS, OCC: AGRICULTURE. 4. SRI. RAMAPPA S/O. ADIVEPPA SUNKAPUR AGE: 59 YEARS, OCC: AGRICULTURE. 5. SRI. KUBHERAPPA RAMAPPA HULIHALLI AGE: 53 YEARS, OCC: AGRICULTURE. 6. SRI. CHANDRAPPA LAKSHMAPPA PUJARA AGE: 53 YEARS, OCC: AGRICULTURE. 7. SRI. HANUMANTHAPPA SUNKAPUR AGE: 63 YEARS, OCC: AGRICULTURE. 8. SRI. LAKSHMAPPA S/O. NAGAPPA PUJARA AGE: 53 YEARS, OCC: AGRICULTURE. 9. SRI. SANJEEVAREDDY S/O. HANUMAREDDY HULIHALLI AGE: 38 YEARS, OCC: AGRICULTURE. 10. SRI. LAKSHMAPPA A/S.O ADIVEPPA SUNKAPURA AGE: 64 YEARS, OCC: AGRICULTURE. 11. SRI. CHANNABASAPPA S/O. SHIVAPPA MUDIGOUDRU, AGE: 47 YEARS, OCC: AGRICULTURE. 12. SRI. HEMAPPA S/O. ADIVEPPA SUNKAPURA, AGE: 70 YEARS, OCC: AGRICULTURE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8986 CRL.P No. 102525 of 2025 13. SRI. KRISHNAPPA S/O. PAKKIRAPPA REDDI SUNKAPURA, AGE: 45 YEARS, OCC: AGRICULTURE. 14. SRI. NAGENDRAPPA S/O. NAGAPPA PUJARA, AGE: 48 YEARS, OCC: AGRICULTURE. 15. SRI. LINGAPPA MUKHUNDAPPA DHODDAMANI, AGE: 37 YEARS, OCC: AGRICULTURE. 16. SRI. VENKANAGOUDA SHIVANAGOUDA JEEVANAGOUDRU, AGE: 45 YEARS, OCC: AGRICULTURE. 17. SRI. BASAVAREDDI S/O. RAMAPPA SUNKAPURA, AGE: 44 YEARS, OCC: AGRICULTURE. 18. SRI. GUDUSAB S/O. BABASAB PINJARA, AGE: 49 YEARS, OCC: AGRICULTURE, ALL ARE R/O. ANTARAVALLI VILLAGE, TQ. RANEBENNUR, DIST. HAVERI-581115. …PETITIONERS (BY SHRI HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, SUB-INSPECTOR OF POLICE, TOWN POLICE STATION, RANEBENNUR,DIST. HAVERI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 TO 3, 5 TO 12, 14 TO 17, 19, 21 AND 22 IN C.C. NO. 1384/2021 ON THE FILE OF THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC RANEBERNUR (CRIME NO.71/2021 OF RANEBERNUR TOWN POLICE STATION) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 269 R/W SECTION 149 OF IPC, SEC. 5(1) OF THE KARNATAKA EPIDEMIC DISEASES ACT, 2020 AND SECTION 51(B) OF THE NATIONAL DISASTER MANAGEMENT ACT. 2005, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8986 CRL.P No. 102525 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri Hanumanthareddy Sahukar learned counsel for the petitioners and Smt.Keertilata Patil, learned High Court Government Pleader for respondent-State. 2. The petitioners/accused Nos.1 to 3, 5 to 12, 14 to 17, 19, 21 and 22 have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) / under Section 528 of the Bharatiya Nagarika Surksha Sanhita, 2023 (for short, ‘the BNSS’) praying to quash the entire proceedings in connection with C.C.No.1384/2021 (Arising out of Crime No.71/2021 of Ranebennur Town Police Station) on the file of the learned II Additional Senior Civil Judge and JMFC, Ranebennur, for the offences punishable under Sections 143, 147 and 269 read with Section 149 of IPC, Sections 5(1) of the Karnataka Epidemic Diseases Act, 2020 and Section 51(B) of the National Disaster Management Act, 2005. - 4 - HC-KAR NC: 2025:KHC-D:8986 CRL.P No. 102525 of 2025 3. The brief facts of the prosecution case are as under: The respondent registered the case against the petitioners alleging that the petitioners together went to the Indian Bank, Ranebennur on 19.04.2021 at 10:00 a.m. by raising slogan that “Government has waived agricultural loan but not implemented the same”. However, the petitioners have not maintained the social distance during COVID-19. Hence, a complaint was lodged. This led to registration of FIR and investigation. Taking exception to the same, the petitioners have filed this petition. 4. Learned counsel for the petitioners 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. - 5 - HC-KAR NC: 2025:KHC-D:8986 CRL.P No. 102525 of 2025 5. Learned High Court Government Pleader for respondent-State contended that the petitioners have committed an offence under Section 5(1) of the Karnataka Epidemic Diseases Act, 2020, and also under Section 51(b) of the National Disaster Management Act, 2005. Hence, there is a prima facie allegation against the petitioner. Thus, prayed for dismissal of the petition. 6. Perused the material available on record. 7. As per the charge sheet material, on 19.04.2021, the complainant lodged a complaint against these petitioners for violating COVID-19 norms and for not wearing mask and thereby, not maintaining social distance. At that time, the accused were raising the slogan in-front of the Bank. 8. 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. - 6 - HC-KAR NC: 2025:KHC-D:8986 CRL.P No. 102525 of 2025 9. 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; (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; 10. Whereas, in the instant case, the FIR was registered on 19.04.2021 and the investigation has not been completed within a period of 30 days and the charge sheet was filed on 10.08.2021, as per the endorsement made by learned Principal Senior Additional Civil Judge and JMFC, Ranebennur. - 7 - HC-KAR NC: 2025:KHC-D:8986 CRL.P No. 102525 of 2025 11. In view of the same, the proceedings against the petitioners for the offences punishable under Section 5(1) of the Karnataka Epidemic Diseased Act, 2020, Section 51(b) of National Disaster Management Act, 2005 and Sections 143, 147 and 269 read with Section 149 of IPC, are 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: “269. Negligent act likely to spread infection of disease 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 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” 12. 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 - 8 - HC-KAR NC: 2025:KHC-D:8986 CRL.P No. 102525 of 2025 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 petitioners were neither the victims of COVID-19 or would have caused the spread of such deceased. Therefore, the impugned proceeding registered against the petitioners is clearly an abuse of process of law and it requires to be quashed. Accordingly, I proceed to pass the fallowing: ORDER i. The Criminal Petition is hereby allowed. ii. The entire proceedings in C.C.No.1384/2021 on the file of the learned II Additional Senior Civil Judge and JMFC, Ranebennur, (arising out of Crime No.71/2021 of Ranebennur Town Police Station) for the offences punishable under Sections 5(1) of the Karnataka Epidemic Diseases Act, 2020, Sections 143, 147 and 269 read with Section - 9 - HC-KAR NC: 2025:KHC-D:8986 CRL.P No. 102525 of 2025 149 of IPC and Section 51(b) of the National Disaster Management Act, 2055, are hereby quashed insofar as petitioners are concerned. In view of disposal of the criminal petition, pending interlocutory applications, if any, do not survive for consideration and the same are accordingly disposed off. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 2 Sl No.: 5