- 1 - HC-KAR NC: 2025:KHC-D:9949 CRL.P No. 102709 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102709 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: MR. NABI SAB S/O KHAJA HUSSAIN, AGE. 45 YEARS, OCC. BUSINESS, NOW R/O. 22ND WARD, AJAD NAGAR, TQ. HOSAPETE, DIST. VIJAYNAGAR-58, R/O. SAMEER GENERAL STORE, ARAVIND NAGAR, HOSAPETE, DIST.VIJAYANAGAR-583 201. … PETITIONER (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HOSAPETE RURAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.1234/2021 PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC HOSAPETE, VIJAYANAGARA WHEREIN THE CHARGE SHEET IS FILED AGAINST THE PRESENT PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 5(4), 4(2)(H) OF EPIDEMIC DISEASES ACT AND 269 OF IPC (HOSAPETE RURAL POLICE STATION CRIME NO.32/2021) IN SO FAR AS THE PRESENT PETITIONER (ACCUSED) IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9949 CRL.P No. 102709 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The petitioner is before this Court with a prayer to quash the entire proceedings in C.C.No.1234/2021 pending before the Court of II Addl. Civil Judge and JMFC, Hosapete, arising out of Crime No.32/2021 registered by Hosapete Rural Police Station, Ballari District for the offences punishable under Sections 5(4), 4(2)(h) of Epidemic Diseases Act and 269 of IPC. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioner submits that, the question involved in the present case is squarely covered by the order passed by the coordinate bench of this Court in Crl.P.No.102404/2025 disposed of on 27.06.2025. For the reasons stated in the said order, the order impugned in the present criminal petition cannot be sustained. The said submission is not disputed by learned HCGP. 4. The allegation against the petitioner is that during the period of Covid-19 he had opened his shop and was found selling his goods to the public. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offences. The coordinate bench of this Court in - 3 - HC-KAR NC: 2025:KHC-D:9949 CRL.P No. 102709 of 2024 Crl.P.No.102404/2025, wherein FIR was registered for similar offences, in paragraph Nos.9 to 13 has observed as follows: “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; (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 - 4 - HC-KAR NC: 2025:KHC-D:9949 CRL.P No. 102709 of 2024 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 Disease 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: “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” 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 - 5 - HC-KAR NC: 2025:KHC-D:9949 CRL.P No. 102709 of 2024 have caused the spread of such disease. Therefore, the impugned proceeding registered against the petitioner is clearly an abuse of process of law and it requires to be quashed”. 5. In view of the above, I am of the opinion that, the impugned criminal proceedings cannot be sustained. Accordingly, the following:- ORDER (i) Criminal petition is allowed. (ii) The entire proceedings in C.C.No.1234/2021 pending before the Court of II Addl. Civil Judge and JMFC, Hosapete, arising out of Crime No.32/2021 registered by Hosapete Rural Police Station, Ballari District for the offences punishable under Sections 5(4), 4(2)(h) of Epidemic Diseases Act and 269 of IPC is hereby quashed. Pending IA’s if any stands disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK