- 1 - HC-KAR NC: 2025:KHC-D:11741 CRL.P No. 101059 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101059 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: RAMESH S/O. RANGANGOUDA BADNUR, AGE 48 YEARS, OCC. ADVOCATE AND SOCIAL ACTIVIST, R/O. GORAJANAL, VIDYAGIRI, TEGGI LAYOUT, BAGALKOT-587 101. … PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, THROUGH NAVANAGARA POLICE STATION, BAGALKOT-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH CHARGE SHEET AND ORDER DATED 19.02.2022 PASSED IN CC NO.68/2022 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC BAGALKOT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 269, 270 R/W 34 OF IPC AND UNDER SECTIONS 5(2) OF KARNATAKA EPIDEMIC DISEASES ACT, IN SO FAR AS PETITIONER/ACCUSED NO.1 IS CONCERNED, IN ENDS OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11741 CRL.P No. 101059 of 2024 THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court with a prayer to quash the entire proceedings in C.C. No.68/2022 pending before the Court of Additional Civil Judge and JMFC, Bagalkot, arising out of Crime No.5/2022 registered by Navanagara Police Station, Navanagara Circle, Bagalkot District, for the offences punishable under Sections 269, 270 read with Section 34 of the IPC and Section 5(2) of the Karnataka Epidemic Diseases Act, 2020. 2. Learned counsel for the petitioner submits that, the allegation against the accused in the present case is that they had assembled in a public place opposing extension of lease of the market premises in the local cotton market in favour of rich persons even after expiry of the lease period, during the period when COVID-19 epidemic was prevailing. He submits that even if the - 3 - HC-KAR NC: 2025:KHC-D:11741 CRL.P No. 101059 of 2024 allegations found in the first information are presumed to be true, the offences punishable under Sections 269 and 270 of IPC cannot be invoked against the petitioner. The other offences are all non-cognizable in nature. He accordingly prays to allow the petition. 3. Per contra, learned HCGP has opposed the petition. 4. In the first information as well as in the charge sheet, which is filed in the present case, the allegation against the accused is that they had assembled in a public place opposing extension of lease of the market premises in the local cotton market in favour of rich persons even after expiry of the lease period. The allegation found in the first information as well as in the charge sheet do not contain the necessary ingredients so as to invoke the offences punishable under Sections 269 and 270 of IPC against the accused in the present case. It is not the case of the prosecution that as a result of accused assembling in a - 4 - HC-KAR NC: 2025:KHC-D:11741 CRL.P No. 101059 of 2024 public place, either the accused or any other public got infected by COVID-19 disease. Under similar circumstances, the High Court of Bombay, Nagpur Bench, in Criminal Appeal No.453/2020 has observed that unless the necessary ingredients are found in the FIR and in the charge sheet, the offence punishable under Section 269 of the IPC cannot be invoked. 5. The offence punishable under Section 270 of the IPC would get attracted where the accused has indulged in malignant act which has resulted in spreading the infection of a disease dangerous to life. In the present case, the first information as well as the charge sheet do not make out a prima facie case even for the offence punishable under Section 269 of the IPC. Therefore, the question of invoking the offence punishable under Section 270 of the IPC does not arise. 6. So far as the other offences of IPC which are invoked in the present case are concerned, they are non- - 5 - HC-KAR NC: 2025:KHC-D:11741 CRL.P No. 101059 of 2024 cognizable in nature, and therefore, compliance of Section 155(2) of the Cr.P.C. becomes necessary. In the present case, there is no compliance of Section 155(2) Cr.P.C. Insofar as the offence punishable under Section 5 of the Act, 2020 is concerned, Section 9 of the Karnataka Epidemic Diseases Act, 2020 provides that, trial in a case registered for the offence punishable under Sections 5 or 6 of the Act is required to be concluded within a period of one year and in the event if it is not concluded, by a reasoned order passed by the learned trial Judge, the time to conclude the trial can be extended. In the case on hand, the order sheet does not reflect that any such reasoned order was passed by the trial Judge for extending the period to conclude the trial in the present case. Under the circumstances, I am of the opinion that the impugned criminal proceedings cannot be sustained. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:11741 CRL.P No. 101059 of 2024 (ii) The entire proceedings in C.C. No.68/2022 pending before the Court of Additional Civil Judge and JMFC, Bagalkot, arising out of Crime No.5/2022 registered by Navanagara Police Station, Navanagara Circle, Bagalkot District, for the offences punishable under Sections 269, 270 read with Section 34 of the IPC and Section 5(2) of the Karnataka Epidemic Diseases Act, 2020, stands quashed as against the petitioner herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 108